
Qass- 
Book- 



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u <$ 

]VIE]VI01R OF 

JOHN HOWE PEYTON, 

IN SKETCHES BY HIS 

CONTEMPORARIES, 

TOGETHER WITH SOME OF HIS PUBLIC AND PRIVATE 
LETTERS, ETC., ALSO A SKETCH OF 



COMPILED BY 
Tlie Aiatlicjr of Hie History of Aiagustti County, 

Itudi.s liidigestiKjnn Moles. 
[Printed for private circulation.] 



STAUNTON, VA'.:'^': 
A. B. BLACKBURN ^■. C',0 ' ' 
MDCCCXCIV. 



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OIFT 






Wrgjofa^a 



^n Exchange 

Univ.ofVirgi.fa. 
OCT 1 9 1940 



The following sketches of John Howe Peyton, b}' some 
of his contemporaries, and the scantj^ material gleaned from 
an imperfect file of the Republiean Farmer (newspaper) of 
i8ii-i2, and from the Staunton Spectator from 1838 to 1847, 
(between 181 1 and 1830, onl}- a few mutilated and unbound 
Staunton newspapers exist,) and a small parcel of family 
papers, letters, etc., which escaped destruction during the 
civil war; are all that that can be found to throw any light 
upon the life of one of Virginia's purest men and greatest 
lawyers/'- And thus his fame must largely rest upon the ap- 
plause and praises, which his efforts called forth, with his 
immediate hearers and admirers. This deplorable want of 

*NoTE.— In the library and papers of his son, J. L. Peyton, which 
were stored for safe keeping on his estate in Alleghany on Jackson's 
River, and in the Valley of the Falling Spring, in the Spring of 1861, 
there were many boxes of MSS., letters from various members of the 
family, written between 1740 and i860, and often the answers of them. 
The letters were from John Peyton, w^ho died in 1760, John Rowze Pey- 
ton, John Sergeant, C.J. Ingersoll,Jos. R. Ingersoll.J. M. Berrian.Thos. 
Jefferson, John Marshall, James Madison, Bishop Madison, Governor 
Tyler, John Scott, of Fauquier, Dr. Alexander, D. D., Bishop Meade, B. 
\V. Leigh, Chapman Johnson, John S. Archer, Gov'r. McDowell, Gov- 
•ernor Campbell, Thos. H. Benton, Henry Clay, Daniel Webste.i, "\Vm. 
C. Rives, Gen. Francis Preston, Wm. C. Preston, William Preston, J. 
.M. Preston, Wm. B. Preston, John Floyd, Judge A. G. Dade, John 
Yates, Bushrod Washington, Gov. Thos. Mann Randolph, H. A. Wise, 
John Randolph, of Roanoke, John Tyler. Spencer Roane, and others; 
and Mr. Peyton's letter book, beginning about 1806. The whole of 
this invaluable mass was burnt, or destroyed, together with Col. Pey- 
ton's library, by Federal troops during the civil war. Cr. 



11 

material for a portra}al of his life and character, is not pecu- 
liar to his case. Few of those who have astonished their 
contemporaries b3' their wit and genius, and who were held 
in the highest admiration in their day, have left behind them 
memorials sufficient to justify their fame. This is so as to 
many of Virginia's eminent lawyers, and of even some of 
her most renowned public men. As to some of these the record 
is decidedly nebulous. Patrick Henry left behind such scanty 
remains, that great as were his oratorical talents and patriotic 
services, his fame rests rather upon the praises of others, 
than upon what he left behind of his own work. In this re- 
flected or traditional way, his record is splendid, and so is 
that of John Howe Peyton, wdio. without overrating his 
merits and doing injustice to the memory of any of the jurists 
of the time, may be styled the greatest legal genius of his 
day. The universal opinion of his contemporaries goes to 
prove that in the science of criminal or penal law, of civil 
injuries or torts, and as a Public Prosecutor he had no equal, 
and it is as well established that in no department of the 
law had he any superiors. And this want of material is 
equally true of his great contemporaries, such as Daniel Shef- 
fey, B. W. Leigh, and Chapman John.son, so that like his, 
their fame rests on tradition. Alas, that they had not left 
something of their own productions — enough, at least, to 
enable us to have measured them as thinkers, writers and 
speakers. That they were all great men is beyond a doubt, 
for it is only the great man who touches the heart of the 
people, as well as their intelligence. 

There was little of incident or stirring adventure in the 
life of Mr. Peyton, and this is the case generalh^ 
as to literary and professional men, but the life of 
such a man should not be permitted to sink into ob- 



livion. He is represented by his contemporaries to have 
been a great and truly good man, who pursued his profession, 
not merely to gain a subsistence, but to do good, to advance 
justice and humanit}', to promote the well being of his fellow 
creatures, and the general interests of society. Not his elo- 
quence alone, but all of his powers were ever exerted for the 
cause of right and justice. And thus his gifts became a pub- 
lic benefit and blessing. If such a man does not deserve to 
be remembered, we might well ask, who does ? 

During the two brief episodes in his professional life, when 
a member first of the lower and then the upper House of the 
General Assembly, he labored to improve the Criminal laws, 
the lyand laws, the laws relating to the rights of person and 
the rights of property; in fact, our whole system of jurispru- 
dence, and to advance the cause of popular education and 
of internal improvements. 

He was a man of large and progressive ideas, ready to accept 
any and all improvements, if persuaded that the remedies pro- 
posed were, indeed improvements, but while always ready to 
correct abvises, he w^as far from believing that all change 
ineant reform — was too sagacious and far seeing, too much 
alive to the public intersts, to encourage rash and ill advised 
men or measures, was wise and firm enough to oppose all fa- 
natics and doctrinaires, in their excesses. In fact he stood in 
the way of these men and opposed their measures, as tending 
to the subversion of existing laws and the Constitution, and 
the introduction of anarchy and confusion. As a Public 
Prosecutor, it was both his duty and ambition to see the laws 
faithfully executed, and an example made of evil doers. In 
a word, he was a man who sought to do his duty, not to gain 
the applause of men, but to meet the approval of his God. 
At all times, and on all occasions, he was zealous for the 



common weal: and such was his goodness and magnanimity, 
that he desired to conceal, rather than display his deeds, 
and derive fame from them. If his course was beneficial 
to mankind — advanced the interest and prosperity of 
society and his country — he was content. For himself, he 
asked nothing, and always derived happiness from the pre- 
ferment of others. Public honors were often bestowed upon 
others, which were looked upon as his due. So far from re- 
gretting it, oi envying those who got them, he enjoyed seeing 
competent men promoted and when incompetent men were 
advanced, he would say, "let us make the most of them," so 
far was he from and above the littleness of vanity and jeal- 
ousy. In a word he belonged to the class which "finds 
tongues in trees, books in running brooks, sermons in stones, 
and good in everything." Of ambition for noisy honors, 
newspaper notoriety, or office, he had none. If ambition he 
had, it was gratified by the general recognition of the purity 
of his motives, the inflexibility of his personal integrity, by 
the evidences he constantly received that his labors to allevi- 
ate human suffering and to cure social disorders, were under- 
stood and appreciated. If he had ambition, it was to do good 
to his forlorn fellow creatures, to excel in his profession, and 
this latter he did so eminently that the great lawyers in every 
part of the State consulted him on many if not all important 
cases and abstruse points, and for years no law was passed, nor 
any important change made in existing laws, by the Legislature 
of Virginia, without members of the body, especially of the ju- 
diciary committee, asking his opinion and advice. That he 
had true ambition, loved honorable fame, we doubt not, and 
thus this exalted passion was, as we opine, the source of those 
noble actions. and life-long labors, which caused him to be so 
much honored while living, and to be so venerated now that 



he is dead. And it is the duty of posterity to bestow on him 
that praise, after his death, which he declined while living. 

Believing that the most efficacious method of exciting 
the talent of the living, is to confer due honors on departed 
merit, we have, nearly fifty years after his death, and thirty 
years after the destruction of his papers and almost every- 
thing throwing light upon his life undertaken this compila- 
tion. It must necessarily be very imperfect and incomplete, 
but inadequate as it is, it seems well to preserve it. as show- 
ing a wish, at least, to give to heaven-born talent its due. 

We should like to have had sufficient material for fully 
portraying this remarkable man, his actions, his feelings, his 
thoughts and his adventures. Such a work would have de- 
rived additional interest from the fact that it would have re- 
called and preserved the recollection of his companions and 
friends, the kindred spirits of his day, now dead and nearly 
forgotten. As this could not be done, we have garnered up, 
in a fragmentary way, and not always in chronological se- 
quence, the material, some of it light and trivial, [for it is 
said. P's ist, "of the Godly man" "his leaf also shall not 
wither, "] presented in the following pages^ and while it is only 
a half lifting of the veil of oblivion, it gives us a glimpse, at 
least, into an almost forgotten life, and serves too, to keep in 
memory his interesting family of Montgomery Hall. I^ike 
all families, it has been dispersed, but it richly deserves to be 
held in memory and handed down to posterity. 

In one of his eloquent sermons, Dr. Talmage thus .speaks 
of oblivion, which he styles the cemetery of the human race. 
"Why , just look at the families of the earth how they disappear. 
"For awhile they are together, insepar.^ble and to each other in- 
dispensable and then they part, some by marriage going to es- 
tablish other homes, and some leave this life, and a century 



is long enough to plant a family, develop it, prosper it, and 
obliterate it. So the generations vanish." 

Mr. Peyton's family, forming no exception to the rule,, 
has been dispersed, but it survives in its branches and with- 
out signs of decay. Indeed, some of the young shoots ex- 
hibit the life and vigor, the virtue and valor of the original 
stock, which has stood for centuries, in the language of Lord 
Bacon, "against the winds and weathers of time." May these 
vigorous branches spread out, increase, keep pace with the 
grand march of humanity, and the oblivion of the famil3' be 
as distant in the future as was its origin in the past. 

This, we believe, will be the case, for we do not belong- 
to those who imagine that humanity is on the decline, that 
the energy of man is decaying, that the heart is becoming 
harder, and the imagination and intellect are dwindling away. 
On the contrary, in our opinion, man is, on the whole, ad- 
vancing, and will continue to advance, intellectually and 
moralh-, until the world shall have answered all the purposes 
of its creation and the immortal state begins. What else 
means the vast improvement in morals, the ameliorations of 
war, the progress of political .science, the redemption of wo- 
man from her degradation and bondage, the abolition of 
slavery, the general and wonderful progress of the race the 
last hundred years. 

To his descendants now scattered through the States of 
Virginia, West Virginia, Maryland, New York, and the far 
West, this compilation will possess deep interest, if it pos- 
sess none for others, and for them and their connections alone, 
it is designed. May the remembrance and contemplation of 
his virtues inspire them with a desire to imitate them! 



MEMOIR 



JOHN HOWE PEYTON. 



John Howe Peyton, who acquired so much fame as a law- 
5^er, statesman and orator, was descended from Henry Peyton, 
of "Acquia", Westmoreland county, Va., the first of the Pey- 
tons to leave .England for Virginia, which he did about the 
year 1644. Henry Peyton died at his home "Acquia", in 
Westmoreland county, 1659. We learn from the National 
Cyclopedia of Biography that from the period of their settle- 
ment in Virginia to the present day, 250 years, the family has 
been "prolific of men full of gallantry and public spirit, of 
thrifty habits, hospitable, charitable and generous, whose 
lives have been useful and blameless, and whose characters 
were without blemish". The grandson of the first emigrant, 
or Henry Peyton the third, who removed to Stafford county, 
left among other issue, a son, John Peyton, of Stony Hill, 
Stafford, who was the grandfather of John H. Peyton, and is 
described as a man of "undeviating rectitude of conduct, of 
unshaken constancy in friendship, active in benevolence and 
pure in his habits." 

John Peyton left by his second wife a son, John Rowze 
Peyton, of Stony Hill, Stafford county, who served seven 



years in the Revolutionary Army and acquired by his daunt- 
less valor and faithful discharge of duty, the sobriquet of the 
"hero boy of 1776". He was a man of strong convictions, 
probably of strong prejudices, and enforced his views in news- 
paper articles, showing marked abilit}' as a thinker and wri- 
ter. His son, John Howe Peyton, the subject of this sketch, 
was born at Stony Hill, j^-pril 27th, 1778, and died at Mont- 
gomery Hall, near Staunton, Augitsta county, Va., April 3rd, 
1847. And it ma}' be truly said that no one was more loved, 
more honored or more mourned by those who knew him best. 
When a boy attending a country school near his birth 
place, young John Howe Peyton was conspicuous for the 
beauty and intelligence of his countenance, the comeliness of 
his person, the quaintness of his humor, the vivacity of 
his spirits, and the pungency of his wit. The lad was fond of 
outdoor sports and all athletic exercises, in which he engaged 
daily, thus in good time developing his strength and securing 
for life a sound mind in a sound body. These pastimes, 
however, did not interfere with his studies, to which he de- 
voted himself for years assiduously. And he succeeded so 
well, in both mental and physical exercises, that it was com- 
monly said of him, that he was a boy who seemed to have 
come from the hand of nature, formed and destined to do ex- 
tensive good, and to excel in every pursuit. So superior was 
he generally to his young companions that he was, before 
twelve years of age, pointed out as one who already gave evi- 
dence of his future abilities. When only sixteen years of 
age, he had grown into a young man of remarkable strength 
of body and vigor of mind, was full of pluck and spirit, and 
had acquired no small stock of learning. His father deter- 
mined to send him to the North for further education. Ac- 
>cordingly he was entered at Nassau Hall Princeton Univer- 



sit}'. N. J., in 1794, then, as now, one of the most fampns 
seats of learning in the country, and much patronized by 
Southerners. His previous training prepared him well for 
the University, where he quickly took and kept a leading 
place till his graduation as A. M. in 1797. 

At Princeton he continued, as may be surmised, diligent 
in his studies, and while going through the usual scholastic 
routine engaged in an extensive private course of philosophi- 
cal, metaphysical, historical and general reading. His thirst 
for knowledge was insatiable, and he kept up this habit in af- 
ter years, and to give his family a taste for literature was in 
the habit of reading aloud to his children of evenings the 
pla5^s of Shakespeare, thewritings of Addison, Swift, Johnson, 
Goldsmith and other standard authors. He also attended 
the debates in the Whig- Society, (an association of young col- 
legian's, formed for mutual improvement,) where he w^on dis- 
tinction as a speaker and debater. He was singularly free 
from the usual vices of youth and that sensuality and egotism, 
which is the source of so many miseries. Inconsequence of 
his high standing as a scholar, orator ^nd'man — and no young 
man was more noted for his exemplary habits, straightforward 
conduct and nice sense of honor — he was held in great respect 
in the University, alike by professors, tutors and fellow stu- 
dents. But he never showed the slightest consciousness of 
his endowments or discovered any vanity at the extent and 
variety of his attainments, and the impression they made on 
others, but enjoyed his success with propriety and good sense. 
He made many friends at Princeton, and if they were not af- 
terwards of service to him, they were certainly a comfort. 
His object then, as ever afterwards, was not to shine, for am- 
bition was not his failing, but he was incited by a thirst for 
knowledge and a desire for excellence. Having secured high 



academical honors, which are the laudable objects of an\- 
young man's generous ambition, b}' taking his A. M. degree, 
he returned to Virginia in 1797, immediately thereafter com- 
menced, and in due time completed his legal education, and 
in 1799 entered on the law practice. Judge R. C. L. Mon- 
cure. President of the Supreme Court of Appeals of Virginia, 
says of him in his private journal: "He took a position on be- 
ing admitted to the bar, which brought him immediate and 
continued popularity as a lawyer, a pleader and a scholar." 
His progress was indeed rapid, and he soon proved to be acute, 
deep, cautious, methodical and persevering, with extraordinarj' 
administrative ability; and was noted for his personal magne- 
tism, his animal spirits and social powers, as well as his foren- 
sic abilities. 

At this time he was six feet two inches high, of strong, 
lithe and vigorous frame, weighing about 180 pounds. His 
manners were affable and engaging, and were characterized 
by dignit\' and grace. He was fond of conversation, and his 
conversation was animated and instructive. He always, in- 
deed, spoke with so mufch point that he appeared superior to 
others of his age in wisdom and understanding. To his solid 
attainments and well-bred and polished manners he joined a 
generous heart, virtuous principles and a chivalric sense of 
honor. These gifts and accomplishments soon inspired all 
who knew him with respect and esteem, and this admiration 
was due to none of those artifices so common with "people's 
men," or of that subserviency which so often leads to popu- 
larity, and which contra-distinguishes the man without prin- 
ciple, who wants office, from the man of principle whom office 
wants. It was also discovered that he was broad and liberal 
in his views and opinions on politics and religion, and indeed 
on all social questions — was free from cant and hypocricy, 



and was without any of that duplicity in youth which is the 
forerunner of perfidy in old age. Toward all men he was 
.charitable, and did not require them to see things as he saw 
them; he allowed of a difference of opinion without treating 
a man as a heretic in religion, or a knave and traitor in poli- 
tics because he sought to serve God or his country by a differ- 
ent course or polic}^ from himself. He not only respected but 
venerated all men who were loyal to truth. His influence was 
consequently very great and w^as soon enhanced by the discov- 
ery that he was a man of stern and uncompromising integrity 
and inflexible firmness, or unlimited courage, a courage which 
extended to rashness, a man who could not be moved from the 
path of duty by "fear, favor or affection," and we may add 
that he went through a long, eventful and trying life without 
suspicion of any kind of vice. He was soon looked up to as a 
person not onl}' ot eminent merit but exalted character, who 
would, if the occasion arose, become a hero, ready and able to 
defend the, rights of the people and the liberties of his country. 
Earl}' in the centurj' 1802-3 he was commissioned captain of a 
volunteer company of cavalry and drilled his command, compo- 
sed of J'oung gentlemen of Stafford and Spottsylvania counties 
over the* country from Acquia Creek to Fredericksburg, and the 
annals of British Field sports were never illustrated by more 
daring teats of horsemanship, the clearing of fences, gates, 
hedges and ditches, than were performed by these Virginian 
riders. 

In 1804 he married Susan, daughter of William Strother 
Madison, a niece of the Right Rev. James Madison, Bishop of 
Virginia, and relative of President Madison, by whom he left 
an only son, the late Col. William M. Peyton, of Roanoke, w'ho 
was himself a man of gifted intellect and extensive acquire- 
ments, of upright and honorable character, who acquired as a 



public speaker and member of the House of Delegates of Vir- 
ginia, a distinguished reputation for ability and statesman- 
ship. We anticipate events in order to state that after losing 
his wifeby her untimely death, he married in 1821 Ann Mont- 
gomery lyewis, a daughter of the old Revolutionary hero, Ma- 
jor John Lewis of the Sweet Springs; by his wife Mary, a daugh- 
ter of the gallant Col. William Preston, of Smithfield, Mont- 
gomery county, who was wounded at the battle of Guildford, 
from the effects of which he died years afterward. By his sec- 
ond marriage he left ten children. In 1806 he was elected to 
the House of Delegates. This gave him little or no pleasure, 
as he preferred the profession but he served several years, up 
to iSioon public grounds. Though there was not much scope 
in the House for his powers, he took an active part in all bus- 
iness and in the debates, and such was his political sagacity, 
his indomitable energy and his vehement eloquence, that he 
had almost unrivaled power over his hearers and soon became 
a leader, inspiring his followers with enthusiastic love and ad- 
miration, and was regarded by them, if not by both sides of 
the Chamber, as the ablest man in the House and the equal of 
any in the State. At that period he was as remarkable for his 
wise and prudent counsels as for his invincible eloquence. 

During the session of 1809-10 Mr. Peyton made the cele- 
brated report as to an amendment of the Constitution of the 
United States, which is appended to this sketch. 

Staunton was early in the century a no inconsiderable 
town, and to lawyer and litigant alike the most important 
point west of the Blue Ridge Mountains, because the seat of 
the superior courts of law and chancery — the jurisdiction 
of the chancery court extending over the whole western part 
of the State. This fact caused many able and learned law- 
yers to make it their home, among the most prominent were 



Judge Coalter, Daniel Sheffey, Chapman Johnson, Briscoe G. 
Baldwin and Samuel Blackburn, and the terms were attended 
by such legal lights, from other circuits, as George Hay, Wil- 
liam Wirt, P. P. Barbour, B. W. Leigh, L.W.Tazewell, Hen- 
ry St. G. Tucker and others. Staunton was then regarded, 
and for many years later, as having" the ablest resident bar in 
the State. 

In 1808, Mr. Peyton removed to the town to enter the 
arena against these great men, and in a very brief period, in- 
deed, he gained, in the opinion of the court and the lawyers 
and of the people, the first place at the bar. Such was his 
vigor, originality and learning, that Col. Preston, one of his 
biographers, says that "he met in contest the strongest men 
in each department of the law and he made himself a champion 
in all . " Daniel Sheffey said ' 'he posessed gigantic power with- 
out effort, was leader in his circuit and at the head of the pro- 
fession." 

From 1808 to 1846, when struck down by apoplexy, he 
bent the whole energies of his mind and body to the profes- 
sion — the only interruption in this long period of practice be- 
ing a brief episode of military service, from 1812 to 1815, as 
Chief of Staff" to Gen. Porterfield in the war against England, 
and one of five years in the Senate of Virginia from 1839 ^o 
1845, when he resigned during his second term from ill health. 
He did not desire, still less seek, a seat in the Senate, but 
yielded to the importunities of his Rockbridge and Augusta 
friends, the leading men of Rockbridge particularly importun- 
ing him to accept the position, in order to promote, among 
other things, the fortunes of the Virginia Military In- 
stitute; a school they esteemed of great importance to the 
county and the cause of State education, and to which it 
was well known Mr. Peyton was most friendly, for he was 



10 

every where known and recognized as the friend and promoter 
of learning and the liberal arts. And his deep interest in the 
cause of education was evinced by his acceptance of the 
position of trustee of Washington College in 1832, which he 
held till he resigned in 1846, having during this long period 
at great inconvenience to himself, attended the meetings 
of the Board, of which he was an active and useful mem- 
ber. He also acted for many years before and after 1832 as 
President of the Board of Trustees of the Staunton Academy; 
was one of the founders of the Virginia Female Institute at 
vStaunton, and a member of the Board of Trustees; was one of 
the most earnest advocates of the scheme for establishing the 
Virginia Military Institute and suggested the union of the 
Institute and Washington College under one man- 
agement, believing that the United University ought to be 
and would become one of the greatest seats of learning in the 
country. He also accepted, in 1840, the position of visitor to 
the U. S. Military Academy at West Point, and wrote the 
able, interesting and instructive report of the Board for that 
year. This was said at the time to be the ablest report ever 
written on the condition, the mode of instruction, the changes 
and improvements which should be introduced in the course 
of study c.nd discipline and the future usefulness of West 

Point. 

Education he considered the philosophy of the human 

mind, enriching it with all that is useful or ornamental in 
knowledge, teaching us how to avert evil and produce good. 
It was not so valuable for the learning acquired, for to be well 
informed, was not, in his opinion, to be well educated; as for 
the moral character it formed, for the habit of thought engen- 
dered, for the preparation it was for the practical duties of 
life_in a word, he regarded education or intellectual prog- 
ress as the sure forerunner of moral improvement. 



il 

It may not be out of place to mention here that his inter- 
est in, and sympath}^ for the unfortunate and afflicted was man- 
ifested in various ways, but especially by his services as a 
member of the Court of Directors of the Western Lunatic 
Asylum at Staunton for over twenty years, during ten of 
which he was President of the board. 

Mr. Peyton's political life can be briefly summarized. 
He voted for the election of James Madison and zealously sup- 
ported his administration. He also voted for James Monroe, 
and opposed the election of John Quincy Adams, voting for 
'Gen. Jackson. He voted for Jackson twice, reluctantly when 
-a candidate for a re-election, because of his refusal to sign the 
bill to recharter the United States Bank, but under a belief 
•that Jackson's course was more due to the feelings created by 
the particular time when congress^ passed the bill, it being 
just previous to his second election, than to any settled hostil- 
ity on his part to a United States Bank, and he subsequently 
■abandoned that party, and ever afterwards adhered to the 
Whig party. 

Mr. Peyton thus gives his reasons for abandoning the 
democratic party^ — he said; "shortly after his (Jackson's) 
re-election, he commenced a train of measures, to which I 
was utterly opposed, measures of a novel and alarming char- 
acter, which in their origin and their subsequent develop- 
ments, brought distress and embarrassment upon the banks, 
upon the country at large, and especially upon all our com- 
inercial interests. I allude to his wild, violent and undiges- 
ted schemes of finance, commencing with his pet bank sys- 
tem and ending with his order in council, the specie circu- 
lar. This warfare upon the bank of the United States, the cur- 
rency and the commerce of the nation, reduced us in 1837 to the 
degradation of witnessing a general suppression of specie pay- 



12 

ments by the banks. These acts, connected with the corrup- 
ting system of party discipline, introduced by that administra- 
tion, with the view of compelling private judgment to succumb- 
to the behest of the party, completely separated me from the 
administration of Andrew Jackson."' (See his letter of date- 
May I St, 1839, and addressed to the people of Augusta and 
Rockbridge counties.) 

In the Senate, he opposed the annexation of Texas, a reve- 
nue tariff, and a war with England on the question of the Ore- 
gon boundary line, saying in regard to Oregon , "while our title 
to the whole of that vast region extending westward from the 
Rocky Mountains to the Pacific Ocean, and the 42nd degree of 
north latitude to 54°, 40', was certainly as good as that of any 
other nation, and probably better, we had ourselves, on repeated 
occasions virtually admitted that it was not so complete and 
unqualified as to preclude all other claims to any portion of 
it J and therfore a war for Oregon, unless an attempt was 
made to wrest it forcibly from oiir possessions would be not on- 
ly a blunder but a crime." 

The annexation of Texas he opposed on many grounds.. 
He declared first that America was already too vast to be na- 
tional, and too rich to be democratic, and any extension of 
her borders would increase the evils. Secondly, he objected 
to a clause in the constition of Texas which refused to the- 
legislature power to pass laws for the emancipation of slaves. 
Thirdly, he was opposed to the United States Government 
assuming the debt of Texas and he thought annexation might 
lead to useless wars about boundary, etc. 

On the question of the tariff, he held that direct protec- 
tion was a legitimate object of legislation and he opposed any 
tariff which gave merely incidental protection. He derived, 
his doctrine on the question both from the necessity and jus- 



tice of the case, and the explicit avowal of those who framed 
the constitution and of those who sat in the first Congress 
under it, that it was designed and desired to lay duties for 
the encouragement and protection of domestic manufactures 
and he would allow no arguments of expediency to induce 
him to abandon bis ground and to fall in with the friends of a 
revenue tariff giving incidental protection. This phraseology 
he denounced as a device of demagogues who were willing to 
conceal or abandon their principles in order to secure success. 
He also supported the "Monroe Doctrine," opposed nullifica- 
tion and secession, and favored a United States bank and pop- 
ular education by means of State aid. He also spoke on behalf 
of a generous system of internal improvement and against the 
great liberty of divorce. In a word, he gave a general sup- 
port to the principles of the old Whig party and occupied a 
position of commanding influence. His speeches in the Sen- 
ate, like those at the bar, were distinguished for their clear, 
nervous brevity. And the great men of the day, B. W. Leigh, 
John J. Allen, R. E. Scott, William C. Rives, Vincent Wit- 
cher, Wm. Daniel, R. C. Conrad, and others, declared were 
equal to anything ever heard in a deliberative assembly. He 
was consulted and deferred to for the wisdom, sagacity and 
moderation of his counsels and was usually styled the "Nestor 
of the Senate." His influence was paramount and always ex- 
erted for the public good, and the prosperity of Virginia, for 
half a century; indeed, up to the civil war, was to no incon- 
siderable degree, due to the wise advice of this patriotic and 
public spirited man. 

Some years before he entered the Senate, he had grown 
stout, weighing 220 pounds, his fine silk-like hair was snowy 
white, his face florid, his eyes bright, piercing and thought- 
ful, and in silence his calm and serene countenance gave him 



u 

a majestic and graceful appearance. Alexander McD. Cowan, 
writing of him in the Vindicator newspaper of Staunton, Feb- 
ruary i8th, 1887, says; "Mr. Peyton was a remarkably hand- 
some man, being of a fine figure and size, and with a face 
whose every feature was well-nigh faultless in shape and ex- 
pression. Indeed, the word superb which used to be applied 
to the late Gen. Hancock's commanding appearance, might 
with equal oppropriateness have been applied to John Howe 
Peyton." Gen. William Preston, of Kentucky, told the wri- 
ter he was, when he first met him in 1835-6 at the White Sul- 
phur Springs, the "finest specimen of the Virginia gentleman 
of the old school, in his scrupulous, old fashioned courtesy, 
and open handed liberality, in his dress and appearance, he 
had ever seen — was not only an honor to the State but to hu- 
man nature." His health was good up to the age ot 66 years, 
his step firm, his figure erect; in fact, he was as straight as a 
dart, and there was something in his look which seemed to 
arise from an innate disposition of the mind or the workings 
of a great soul. 

He kept up a large establishment at his elegant home of 
Montgomer}^ Hall, having over fifty servants about his prem- 
ises, entertained a great deal of companj- in a delightful 
manner, gave sumptions dinners and a great many of them, 
and of other entertainments — in fact, he kept open house, and 
while he set no bounds to his generous hospitality, there was 
no ostentation or vain display, though his house and furniture 
were thoroughly well appointed. His guests were among the 
most distinguished for talents and acquirements, for rank and 
station in the State and country. It was said, therefore, that 
at Montgomery Hall you were sure to enjoy the "feast of rea- 
son and the flow of soul." While he entertainad so well, he 
was himseltf abstemious in his habits and denied himself 
animal food one day in every wesk. 



15 

He was wise and prudent in forming his intimacies and 
friendships, but when once a man's friend, unless for some 
good cause, he was ever constant and unchangeable, and there 
was no length to which he would not go to serve a friend. 
On one occasion, when in the Senate, he sacrified the office of 
Govenor of Viginia, to which he was about to be elected, to 
serve a friend and to secure the election of his friend, as he 
did, to the position of Judge. At another time, for he was a 
friend who "abided in the day of trouble" he offerd a friend 
in distress from pecuniary losses, the occupation, use and pro- 
ceeds of one of his estates in Alleghany county, of nearly 
5000 acres of land and a large number of servants. In this 
munificient spirit of liberality and generosity, he sought to pro- 
vide for this unfortunate friend and his dependant family. So 
constituted was he, that it was often said that if a man's friend, 
he was the friend of his family, indeed of everybody connected 
with him — in a word he took the whole tribe to his heart. 
As a master, he was kind, humane, just and ever mindful of 
the wants of his servants, provided every family with a good 
house and garden, extended to them the privilege of raising 
poultry, pigs, etc., and of enjoying the fruits of such care and 
industry as they chose to bestow on them, during time allow- 
ed for this purpose. And he was so loved and respected by 
his servants that they considered it a favor, not a task, to do 
his bidding. But when there was occasion for it, he could be 
severe, and required a strict account from all. 

Every community has its leading spirit, who, to a certain 
extent, impresses his character upou it and brings it up, in a 
measure, to what that choice spirit is, and that is precisely 
what Mr. Peyton did. He was identified with every interest 
of the people, with their trade and commerce, with the mate- 
rial development of the State, and its moral, educational and 



1« 

religious prosperity. He was honest and upright in the high- 
est degree, and never violated a trust, but was ever faithful to 
every obligation. His heart was full of that charity which 
"vaunteth not itself and is not puffed up." The poor, the 
afflicted, the distressed, whether "in mind, body or estate," 
were recipients of his kind deeds, and the widow and orphan 
knew him in their extremity. Principle dictated all 
his acts and he never departed a hair's breadth from the line 
of duty. 

He was warm hearted, genial, and kindly, was fond of 
intellectual society, in which he was sure to shine, was given 
to hospitality and entertained more company probably than 
any gentleman of his day in Virginia; in fact, lived with open 
house. 

Among other accomplishments, it should be remembered 
that he was a refined and robust writer, and had his profes- 
sional and business engagements permitted, he would doubt- 
less have been a famous author. Now and again he indulged, 
in an hour of leisure, in preparing an article for the British 
Reviews. They showed eminent literary talents. Those 
productions were, for the most part, destroyed in the library 
of his son, Col. J. Lewis Peyton, which was stored for safe 
keeping during the Civil War, on his Jackson River estate 
in Alleghany county, where they were burnt by Federal 
troops. His essays were generally on subjects of utility to 
the vState and country, but some times his disquisitions were 
on moral and metaphysical science, and were remarkable for 
their clearness and force — no man, indeed, could have pre- 
sented his views in a more perspicuous, more forcible or con- 
vincing manner. Judge McCue says, "his conception of a 
great subject and mode of expression were as clear, distinct 
and demonstrative as were those of Edmund Burke." 



17 

Tu a brief sketch only bis salient points can be touched 
upon. Enough has been said, however, to present a fair idea 
of the superior mental and moral endowments of this extra- 
ordinary man. For his wonderful lifelong labors he did not 
receive, though having a most extensive and fairly lucrative 
practice — probably the largest of any lawyer in Virginia — a 
tithe of the annual income of a modern millionaire, but he ac- 
'complished great and noble ends, and no language can describe 
the inward satisfaction, the mental pleasure he must have en- 
joyed. He rejoiced in what riches cannot purchase, the love, 
admiration and respect of every one, from the humblest moun- 
taineer to the highest official in the land. 

His name has not perished and will not, but will grow 
.greener with years and blossom through the coming ages. 
This little tribute, it is hoped, will extend and confirm the 
reputation of a man worthy of universal admiration. May 
it, however, do more. The fame of the truly great can only 
be of use when stimulating by example. I,et every reader of 
these pages consider what he can contribute towards the same 
great cause of social melioration, what sacrifices he will make 
to reclaim the vicious, instruct the ignorant, cheer the dis- 
consolate, what selfishness and bigotries he will relinquish; 
what benevolence, justice, charity he will exercise, and what, 
in a word, he will do to imitate the example of heroic worth 
given us by this truly wise and good man. 

He was struck down by apoplexy in 1S45, recovered suf- 
iiciently to walk about his house, but was disabled in 1846, by 
a second attack accompanied by paralysis. His mind, how- 
ever, continued clear and vigorous, though his voice was in- 
distinct. This was illustrated by his ability displayed on his 
sick bed, in a conversation with the late Col. John B. Bald- 
win, in which he gave him the points and elucidated the intri- 



18 

cacies of an important and difficult law case, then in progress, 
and cited the authorities. Throughout his illness, he endured 
his sufferings with patience and meekness, and died at Mont- 
gomery Hall, April 3d, 1847, leaving the reputation of having 
been a perfect gentleman, the soul of honor, and the pink of 
chivalry. 



MR. PEYTON S REPORT IN 1810. 



VIRGINIA LEGISI.ATURE. 



EXTRACT FROM THE MESSAGE OF GOV. TYLER OF VIRGINIA, 
DECEMBER 4TH, 1809. 

A proposition from the State of Pennsylvania is here- 
with submitted, with Gov. Snyder's letter endorsing the same, 
in which is suggested the propriety of amending the constitu- 
tion of the United States so as to prevent collisions between 
the government of the Union and the State government. 
HOUSE OF DELEGATES. 

Friday, Dec, 15th, 1809. 

On motion ordered that so much of the Governor's com- 
munication as relates to the communication of the Governor of 
Pennsylvania, on the subject of an amendment proposed by the 
legislature of the State to the constitution of the United States 
he referred to Messrs. Peyton, Otey, Cabell, Walker, Madison, 
Holt, Newton, Parker, Stevenson, Randolph, Cocke, Wayatt 
and Ritchie. 

Thursday, Jan., nth, 1810. 

Mr. Peyton from the committee to whom w^as referred 
that part of the Governor's communications which relates to 
the amendment proposed by the State of Pennsylvania, to the 
constitution of the United States, made the following 



REPORT. 

"The committee to whom was referred the communica- 
tion of the Governor of Pennsylvania, covering certain resolu- 
tions of the legislature of that State proposing an amendment 
of tbe Constitution of the Uunited States by the appointment 
of an impartial tribunal to decide disputes between the State 
and Federal judiciary, have had the same, under their con- 
sideration^ and are of opinion that a tribunal is already pro- 
vided by the Constitution of the United States to wit; the su- 
preme court, more eminently qualified from their habits and 
duties, from the mode of their selection, and from the tenure 
of their offices, to decide the disputes aforesaid in an enlight- 
ened and impartial manner than any other tribunal which 
could be selected. 

The members of the supreme court, are selected from 
those in the United States, who are most celebrated for virtue 
and legal learning, not at the will of a single individual, but 
by the concurrent wishes of the President and Senate ot the 
United States; they will therefore have no local prejuices or 
partialities. The duties they have to perform, lead them 
necessarily to the most enlarged and accurate acquaintance 
with the jurisdiction of the Federal and State courts together, 
and with the admirable symmetry of our Government. The 
tenure of their offices enables them to pronounce the sound 
and correct opinions they may have formed without fear, fa- 
vour, or partiality. 

The amendment of the Constitution proposed by Penn- 
sylvania seems to be founded upon the idea that ihe Federal 
judiciary will, from a lust of power, enlarge their jurisdiction, 
to the total annihilation of the jurisdiction of the State courts; 
that they will exercise their will instead of the law and the 
Constitution. 



21 

This argument, if it proves anything, would operate 
more strongly against the tribunal proposed to be created, 
which promises so little, than against the State courts, which, 
for the reason given, have every thing connected with their 
appointment calculated to insure confidence. What security 
have we, were the proposed amendments adopted, that this 
tribunal would not substitute their will and their pleasure in 
ptace of the law ? The Judiciary are the weakest of the three 
departments of government, and least dangerous to the polit- 
ical rights of the Constitution; they hold neither the purse, 
nor the sword; and even to enforce their own judgments and 
•decisions, must ultimately depend upon the executive arm. 
Should the Federal judiciary, however unmindful of their 
weakness, unmindful of the duty which they owe to them- 
selves, and their country, become corrupt and transcend the 
limits of their jurisdiction, would the propo.sed amendment 
oppose even a probable barrier to such an improbable state of 
things ? 

The creation of a tribunal, such as is proposed b>' Penn- 
sylvania, so far as we are able to form an idea of it, from the 
description given in the resolutions of the Legislature of the 
State, would, in the opinion of your Committee, tend rather 
to invite them to prevent collisions between the Federal and 
State courts. It might also become in process of time, a se- 
rious and dangerous embarrassment to the operations of the 
general government. 

Resolved, therefore: Tliat the Legislature of this State do 
disapprove of the amendment to the Constitution of the 
United States proposed by the Legislature of Pennsylvania. 

Resolved also: That his Excellency the Govenor be, and 
he is hereby requested to transmit forthwith, a copy of the 
foregoing preamble and resolutions to each of the Senators and 



22 

representatives of this State in Congress, and to the executives 
of the several states in the union, with a request that the same 
be laid before the Legislature thereof. 

The said Resolutions being read a second time, were, on 
motion ordered to be referred to a committee of the whole 
House on the state of the Commonwealth. 

Tuesday, Jan. 23rd, 18 10. 

The House according to the orders of the day, resolved 
itself into a Committee of the whole house on the state of the 
Commonwealth, and after some time spent therein, Mr. Speak- 
er resumed the chair, and Mr. Stannard of Spottsylvania, re- 
ported that the Committee had, according to order, had un- 
der consideration the preamble and resolution of the select 
committee, to whom was referred that part of the Governor's 
communication which relates to the amendment proposed to 
the constitution of the United States by the Legislature of 
Pennsylvania, had*gone through with the same, and directed 
him to report them to the House without amendment, which 
he handed in to the clerk's table. 

And the question being put, on agreeing to the said pre- 
amble and resolutions, they were agreed to by the House 
unanimously. 

Ordered that the clerk carry the said preamble and reso- 
lutions to the Senate, and desire their concurrence. 

IN SENATE. 
Wednesda}', January 24th, 1810. 

The preamble and resolutions on the amendment to the 
constitutition of the United States, proposed by the Legisla- 
ture of Pennsylvania by the appointment of an impartial tri- 
bunal to decide disputes between the State and Federal judi- 
ciary, being also delivered in, and twice read, on motion was 



2S 

ordered to be committed to Messieurs Nelson, Currie, Camp- 
bell, Upshur and Wolfe. 

Friday, January 26tli, 1810. 
Mr. Nelson reported from the committee on the pream- 
ble and resolutions on the amendment, proposed bj- the Leg- 
islature of Pennsylvania, etc., that the committee had, accor- 
ding to order, taken the said preamble and resolutions under 
their consideration, and directed him to report them without 
an}^ amendment. 



"This important state paper," says Judge McCue, "can 
be seen in the works of Daniel Webster, vol. Ill, pp. 352-54, 
and so able were these views and resolutions, considered at 
the time, as to attract the attention of the leading Stat^men 
of the country, and they guided the other States in the adop- 
tion of similar resolutions, thus overthrowing the effort of 
Pennsylvania to establish a separate and distinct judicial de- 
partment as arbiter between the Federal and State Govern- 
ments." 

In the great debate in the United States Senate between 
Daniel Webster and Gen. Hayne, of South Carolina, Mr. 
Webster quoted Mr. Peyton's preamble and resolutions, as so 
conclusive of the questions involved, as to admit of no further 
discussion. In a subsequent pages of Judge McCue's sketch, 
an interesting conversation between Mr. Webster and Daniel 
Sheffey is reported . 



DISEASE LEADS TO HIS CHANGE OF HOME. 



For several years previous to 1808, Mr. Peyton suffered 
with a disease of the stomach and bowels — a chronic disen- 



24 

tary, which baff.ed the skill of his physicians. He consulted 
many of the eminent doctors of Virginia arid Maryland in vain. 
The numerous remedies they prescribed were taken without 
good effect or gave only temporary relief. As a last resort he 
determined, on the advice of his tamily physician and his most 
intimate friends, to try the efficacy of the mineral waters of 
the Virginia Springs, and accordingly spent the summer of 
1S06-7 ^t that famous resort, the old Sweet Springs, in Mon- 
roe county. A use of the waters in a very brief period, gave 
him relief from his sufferings, and at the end of the season his 
health was re-established. He quickly decided, painful as 
was the severing of early ties, and the seperation from friends: 
to leave the malarial regions of lower Virginia, and to make 
his home in the health}- and bracing climate, west of the Blue 
Ridge. Accordingly in 180S established himself in Staunton. 



AGRICULTURAL SOCIETY. 



The deep interest taken by Mr. Peyton in all matters 
likely to promote the thrift of the people and the public pros- 
perity, and to which repeated reference is made in the various 
sketches of his life, is illustrated by the following facts: 

At a meeting of the people of Augusta, held in Staunton 
in June, 181 1, to form an agricultural society, the first ever 
organized in the county, he was present and appointed on 
v.?hat was styled the Committee of Correspondence, a com- 
mittee, no doubt, raised to induce by letters the leading men 
of the county to co-operate in the cause. 



MILITARY vSCHOOLS. 



In view of the war threatened with England the year 
following a military association was formed in Staunton, and 
a committee was appointed at a public meeting to deliberate 
and report on the best means to be adopted in order to secure 
the establishment of military schools in the counties ot Au- 
gusta, Rockbridge and Rockingham for the instruction of 
officers and men. This committee, of which Mr. Peyton was 
a member, reported to a meeting of the association held in 
Staunton June 20th, 18 12. It does not appear by whom the 
report was written, but it embodies his sentiments on the 
subject, and is therefore given as follows, namely: 

"The committee to whom was referred a resolution of the 
Staunton Military Association, which has for its object the 
establishment of military schools, having had the subject 
under consideration beg leave to report. 

The committee deem it unnecessary to refer to any other 
authority than the good sense and honest feelings of every 
man, to prove the great utility, at all times, but more espe- 
cially at this, of military instruction to the people of this 
country. The subject, there at least, is a new and difficult 
one; and the committee are very .sensible that any plea wliich 
thej^ can suggest will have many palpable obstacles to en- 
counter and may be exposed to various others, which they 
cannot foresee. They rely for every hope of success upon 
the acknowledged value of the object in view, upon the pat- 
riotism of the people, upon the order of the present times, 
and upon the success of the experiment, which this society 
has made. 

A military school, in which could be taught the complete 
discipline of a refinest, the different exercises of the rifle 



corps, the artillery and the infantry, together with the cav- 
alry exercises of the sword, though it could not promise to 
teach the whole principles of war as a science would certainly 
promise much that would be eminently useful to every soldier 
and officer in the institution. And your committee cannot 
refrain from suggesting that a school for these purposes, suc- 
cessfully conducted, might serve as an introduction to some 
more extensive and some more perfect system of military 
education. 

To obtain a person capable of conducting such a school, 
would not always be easy; such a person is not very readil)' 
to be met with, and what is j-et more difficult, funds to re- 
munerate his services, are to be raised by voluntary- contribu- 
tion. But at present, judging from their own experience, in 
this society, your committee think that a person whose skill, 
information and zeal in military affairs, would enable him to 
conduct such a school, may be found in j^our commandant, 
and they hope that funds to compensate his services are 
within the reach of an active and spirited exertion. They 
hope that the neighboring counties of Rockbridge and Rock- 
ingham would consider the subject as worthy of their atten- 
tion, and might be induced to unite with the people of Au- 
gusta in their endeavors to attain it. A sufficient number of 
subscribers in the county of Augusta alone would probably 
not be obtained, to induce any one properly qualified, to de- 
vote his time to this service. But by the union of Rocking- 
ham and Rockbridge this might be effected. 

Your committee would therefore recommend to the 
society, the adoption of the following resolutions: 

Resolved, that subscriptions be opened in the county of 
Augusta, under the immediate superintendance of a commit- 
tee of seven persons, appointed by this society, for establish- 



27 

ing a military school in the town of Staunton to be denomi- 
nated the Staunton Militarj- School, to commence on the 15th 
day of July next, and continue for one year thereafter, and be 
under the directions of Capt. George Turner; the presnt com- 
mandant of this society — that the times of teaching and price 
to subscribers be regulated by said committee and the com- 
mandant in conjunction, so that the days of teaching be not 
less than one day in each fortnight, and the price to subscri- 
bers be not more than ten dollars per annum, payable quar- 
terly in advance. 

Resolved, that it be recommended to the commandant to 
endeavor to establish similar schools in the neighbouring coun- 
ties of Rockingham and Rockbridge, and that the committee 
aforesaid be instructed to invite, respectfully, the co-operation 
of those counties." 



THE WAR OF 1812. 



The year following. President Madison sent a war mes- 
sage to congress and such was the popular excitement grow- 
ing out of the British claim entitled the "Right of Search," 
and the collision between the United States frigate, Chesa- 
peake, and the British frigate, Leapold. in 1807, which had 
never been allayed, that war was declared by the United 
States against Great Britian, on June 18th, 181 2. 

The nation was much divided on this polic}'. By the op- 
position party, the main strength of which was in the North- 
ern and Eastern States, it was considered a mere administra- 
tion measure, resistance to which argued no want of patriot- 
ism, but quite the contrarj- and so from the beginning- to the 



28 

close of hostilities, the Federalists did all they could to stay 
the course on which they thought the Government was dri- 
ving to destruction, The Hartford convention met, and some 
of the New England States went so far as to nulif}^ an act of 
Congress regarding enlistment. During all this time, the 
country was in great want of resources, which nothing but 
unanimity could suppl5^ The army was but a handful, and. 
the Militia, instead of coming forward in large numbers, re- 
mained at home to attend party meetings and discuss the right 
of the Government to call them out; the supply of war mater- 
ial was very scanty, and the Treasury almost empty. 

Such was the unpromising state of affairs, when John H. 
Pej'ton, who had voted for Mr. Madison and warmly suppor- 
ted the war policy, came toward and exerted every energy of 
mind and bod}^ to stir up popular enthusiasm in support of the 
war. He volunteered at once, to serve in the army, until 
peace was restored, and was immediately appointed Chief of 
Staff to Gen. Porterfield, an old Revolutionary officer, who,, 
while servingas a Lieutenant in 1780, at the seige of Charleston, 
S. C.,had killed by his side, Captain Valentine Peyton, a young 
and gallant cousin of J. H. Peyton. Forgetting everything 
but his duty to his courntr}^ which was with him, and every 
true patriot paramount. Mr. P. abandoned his lucrative 
practice, which more selfish men sought to appropriate, and 
his wife and family and joined the army on the James river in 
Kastern Virginia, with the active operation of which he was. 
identified until the decleration of peace, February 17th, 1815.. 

The "Republican Farmer" went out of existence, no 
newspaper took its place for years and we have seen no ac- 
count of the army services of Major Peyton beyond the state- 
ment that he was "one of the most enterprising and daring 
officers in the service," but more than thirty years after the 



2!» 

end of the war, and his death, his minor children received 
from the Governmeut, a pension for his services. 

ANECDOTE OF THE FIGHTING MAJOR. 



The late Adam Bickle, of Staunton, father of R. G. Bickle 
and a member of the Augusta Force, use to enjoy telling an 
anecdote of Major Peyton. He said that repeated complaints 
were made by the soldiers as to the musty flour and inferior 
bacon furnished by the commissary, to the troops, while sta- 
tioned at Camp Holly. On one occasion, Major Peyton re- 
monstrated with the commissar3% on the character of the 
stores, w^hen that officer flew into a passion and grossly in- 
sulted the major, whom he alledged, was not the proper offi- 
cer to take him to task. Without a moments thought Major 
Peyton knocked him down with the hilt of his sword, and 
gave him a thorough drubbing in presence of the men. This 
would appear very curious to persons accustomed to Euro- 
pean discipline and' standing armies, but with the raw levies, 
of eighty years ago, was much enjoyed and thought not to be 
greatly out of place. It had the effect of endearing the Ma- 
jor to the men who never in any kind of subsequent trouble, 
failed to appeal to him. 

Many years after one of Major Peyton's young children 
hearing of this affair, enquired if the commissary had chal- 
lenged him. The Major replied that he had not. But con- 
tinued the child ' 'suppose he had, what would you have done?" 
Why said the Major, "I would have answered him as humor- 
ously as did the gentleman spoken of by Dr. Franklin," "A 
gentleman in a coffee house," said the Major "desired another 
to sit further from him. Why so? Because you stink ! That's 



30 

an insult, and you must fight me. I will fight you, if you in- 
sist upon it, but I do not see how that will mend the matter, 
for if you kill me, I shall stink too, and if I kill you, you will 
stink, if possible, more than you do at present." 



A WESTERN TRIP IN 1815. 



Shortly after the close of the war, Mr. Peyton made a 
yisit to Kentucky on business, one object being to look after 
fifteen hundred acres of land belonging to his wife lying near 
Eouisville, a property which has since become of immense 
value. He was accompanied by Ned Phipps or Fibs, his body 
servant during the war, a faithful negro, upon whose attach- 
ment he could rely. In his station few men behaved, as a 
rule, better than Ned, who had a certain amount ofself respect, 
"nigger" as he was styled, and knew how to conduct himself, 
if he did not alwaj-s doit. They made the entire journey 
from Staunton to Louisville, on horse-back, of course they 
were armed, as their route was through a wild and savage coun- 
try, infested by Indians, many of them dissatisfied with the 
close and the result of the war; and a class of desperate whites, 
more dangerous than the red men, some of whom had served 
under Gen. Harrison in the North West, and were survivors 
of Fort Meigs, and the battle and massacre of the river Raisin. 
The Eastern part of Kentucky, known as the ''Knobs," or 
the "Knobby country," is still a savage country in posses- 
sion of a savage people, though traversed by the Chesapeake 
and Ohio Railroad which is supposed to have let in some of 
the light of civilization, and has gained an unenviable notorie- 
ty within the past ten years by reason of the bloody fueds be- 
tween the Hatfields and McCoys. Through this wilderness 



31 

they travelled on miserable paths called roads, which con- 
nected the settlements, swimming rivers, and other water 
courses and resting of nights in log huts, ailed country taverns 
promising accommodations for man and beast. And what is 
remarkable to relate completed their outward juorney and re- 
turn to Virginia in safety. 

When we consider what our ancestors endured, what 
hardships and privations they suffered, we are of the opinion 
that we enjoy to day, more physical, spiritual and intellectual 
benefits and blessings than have ever before fallen to the lot 
of man. Notwithstanding the rough experiences of this trip, 
Mr. Peyton found something bright in all he saw and heard, 
allowed nothing to depress his spirits, still less deepening sor- 
rows, over the woeful complaints he listened to from back 
woodsmen of hard times and worse coming. 

He was one of those men who make the best of every 
thing, there was nothing splenetic, melancholy, or timid in his 
nature, and he returned from his visit strengthened for his man- 
ly duties — his lawyer's life. Such was his devotion to the 
profession that he would allow nothing to permanently turn 
him from it, and he only served two years as Ma3'or of Staun- 
ton, to which position he was elected in 1817-18 because, the 
duties were so light that they did not interfere with his work, 
and his friends urged him to accept the place as, at that time, 
the currency was deranged, money scarce, and people depres- 
sed. From the fertility of his reources it was thought he 
would find a remedy for these evils. During his Maj^oralty, 
the city made an issue of paper monej^ and this circulating 
medium brought no small relief to the people. One of these 
"shin plasters," as they were termed in popular slang phrase- 
ology^ was found a few years since, over eighty years from the 
time it was put forth; presumably in the stocking of some prov- 



ident old woman, and was sealed up as a curiosity in the cor- 
ner stone of the Confederate Monument in Thornrose Ceme- 
tary, at Staunton. 

During the month he gave himself for relaxation and rest 
in Kentucky he enjoyed the society of such people as the 
Brown's, Green's Preston's Gov. Shelby, Col. R. M. John.son, 
Natl. Hart, Robert Scott and other noted characters in that 
rich and lovely region. Some of these afterwards from time 
to time visited him, and greatly enjoyed the blandishments 
of Virginian society. 



DECLINES AN APPOINTMENT. 



On his return from his Western trip he was appointed - 
deputy United States District Attorney for Western Virginia, 
and for a time discharged the duties of the office for his friend 
William Wirt. He had served in the Legislature in 1808-9, 
with Mr. Wirt and a strong mutual friendship was the result. 
On Mr. Wirt's resignation of the position and his removal to 
Baltimore, Mr. Peyton declined the office as conflicting with 
his other appointments, (which were more lucrative) and his 
extensive private practice. 



We owe the following letters to the filial piety of Mr. 
Peyton's eldest daughter, Mrs. Susan M. Baldwin, widow of 
the late Col. J. B. Baldwin, who has preserved them since the 
Montgomery Hall family was broken up at Mrs. J. H. Peyton's 
death in 1S50. 

OLD FAMILY LETTERS. 



Fawcett's Tavern, Green Valley, Bath Co.,\'a., June i, 1822. 

JOHN H. PEYTOX TO MRS. PEYTON. 

My Dear Ann: 

I left home in such haste that I forgot to tell you to send 



33 

to Mr. Johnson's for a carbo}' of wine. Though you do not 
like it 3'ourself, hospitality requires that you .should always 
have it for those who do. Baldwin [Afterwards Judge Bris- 
coe G. Baldwin, his life-long friend] and I were thoroughly 
drenched in the rain-storm on yesterday, but neither of us 
felt the slightest inconvenience from it this morning. No 
news, so far, from j-our mother or Mrs. Massie. Give my 
love to William [his only son by his first marriage, the late 
Col. William M. Pe3'ton, of Roanoke] and be assured, my 
dear Ann, that you are, in your present delicate situation, 
the source of constant solicitude to me. Take care of yourself 
and go to no large parties. You wall always have the compa- 
ny of Mrs. Johnson, Mrs. Donagho, Mrs. Baldwin, Miss Tel- 
fair, and 3'ou can not fail to enjoy such society. Write to me 
constantly. 

With sincerest affection, though in great haste, your hus- 
band. 

John H. Pfvton." 



SAME TO S.\ME. 

Lewisburg, Greenbrier Co., June 5tli, 1822. 
My Beloved Ann: 

I received ^'our affectionate letter of the 2nd of June this 
evening which gave me great pleasure. When separated 
from you, there is nothing that gives so much delight as to 
get one of your cheerful letters. I regret to. learn that you 
have been indisposed, however slightly, since we parted. I 
feel confident, however, that with prudence and care you will 
suffer as little as anyone from disease. You have a thorough- 
ly sound constitution. If you were a little older I would add, 
a well preserved one. If I were to tell you how many kind 



:^4 

enquiries and good wishes have been expressed for yon by 
friends here, you would be proud and happy. 

I am much gratified to that you and my dear son Wil- 
liam are again friends, i trust the reconciliation will be sin- 
cere and enduring. [Note. — It proved to be such and this 
reference is made to their relations in the memoir of CoL 
Wm. M. Peyton, "after the loss of his (Wm. M. Peyton's) 
mother, and Mr. Pe3'ton's second marriage to her cousin^ 
Ann Montgomery Lewis , * * William extended to her not 
only deference and respect, but a truly filial affection, Mrs. A. 
M. Peyton, was therefore soon warmly attached to him and 
and taught her children to love him before they learned to do 
so for his own noble qualities, for his native endowments and 
the extent of his accomplishments, as they were developed to 
the family in after years."] Our good brother, James Wood- 
ville, is now with me and we often talk of you. He is a most 
kind, sympathetic and affectionate friend. Dr. I^ewis has at 
last, set out for Point Coupee. Massie and his wife are re- 
covering. Your mother expected to leave on a visit to you 
on yesterday. Whether she has actually gone, I do not know. 
I hope she has. If not I shall return by the Sweet Springs 
and endeavor to induce her to go back with me. Whether 
she comes or not, be of good cheer. I shall be with 3'ou and 
will see that every comfort is provided that love and foresight 
can suggest. Woodville says your mother will certainly go 
down, audi trust she may, as it would be a comfort to you 
and a pleasure to us all. Your father looks quite well, is 
hale and hearty, and Mrs. Woodville, who is at the Springs, 
much better. James sends his love to you and William. 
I am your affectionate husband, 

John H. Peyton. 
P. S. — Mrs. Woodville was very anxious to have accom- 



panied j^our mother to Staunton, but James* bids me tell you 
he could not spare his wife so long. 



LEWIS I.ITTLEPAGE. 



*Note.- — The James here mentioned was James Littlepag-e 
Woodville, who married Mrs. Peyton's eldest sister, Mary 
Lewis. — Mr. Woodville resided at Fincastle and Buchanan, 
and was a prominent lawyer and president of the Bank of 
Buchanan. His father was Rev. John Woodville, Rector of 
St. Mark's Parish, Culpeper Co., and a native of North Brit- 
ain. He was a nephew of the celebrated, but eccentric Lew- 
is Littlepage, whose career was brilliant and unequaled. Lit- 
tlepage was born in \'irginia in 1762, and died at Fredericks- 
burg in 1S02. At the age of 17 he went to Europe, and in 
1779-80 accompanied Mr. Jay, American Envoy, to the Court 
of vSpain, Madrid. Though only a youth, his figure was fine 
and manly— his dark eyes bright and penetrating. Among 
his acquaintances he was regarded as a prodigy of genius and 
acquirsments. — Shortly after reaching Madrid, Littlepage 
separated from Mr. Jay's family, and joined as a volunteer aid, 
the duke of Cuillon, and was with the army at the seige of Mi- 
norca. At the sei^e of Gibralter he was on a floating battery 
and blown up, l)ut being uninjured was rescued from the sea 
and distinguished himself during the further operations against 
that fortress. On the return of the fleet to Cadiz, he was sent 
with despatches to Madrid, where the Court received and 
treated him with much distinction. He then proceeded to 
Paris, and was on terms of triendship with Dr. Franklin, wlio 
was then living at Passy. — At Paris and \'ersailles this ad- 
venterous-vouns: \"ir":inian moved in the best societ>- and at-. 



m 

tracted marked attention from all. After a brief visit to Lon- 
don, he returned to the Continent and made a tour of Europe, 
establishing himself at Warsaw, where he was so popular that 
he rose to be in effect, the King's Prime Minister. He resis- 
ted and defeated the plans of Zamoyski before the Diet. He 
afterwards went to St. Petersgurg as Ambassador from Poland, 
and acquitted himself with distinguish ability and became a 
favorite of the Empress Catherine. The following letter of 
Lewis Littlepage to Lewis Holiday takes up the history of 
his life where our account ends and completes the story of his 
eventful career in Europe. 



LETTER I-ROM JOHN H. PEYTON TO MRS. PEYTON. » 

Warm Springs, Sept. 2nd, 1822. 
Mr Dear Ann: 

I dined at the Hot Springs and arrived here last evening 
without accident or adventure and without increasing the in- 
flamation of my wounded leg. Note— While opening the 
front gate at Capt. Massie's, in the Valley of the Falling 
Spring, Alleghany county, his riding-horse, a sprited but bad- 
ly trained animal, sprang foward, dashing him against the 
gate-post, and the iron prog of the latch was driven through 
the calf of his leg, inflicting a painful and dangerous wound. 
The wound was so serious indeed that he was confined to the 
house for several weeks and owed his recovery mainly, as was 
thought, to the kind attenins of Mrs. Massie and her family.] 
Old Brinkly, who is here, and something of a leech, and a 
kind and excellent fellow, examined and dressed the wound 
last evening. He approves of all that was done by Mrs. Mas- 
sie, and insisted that I should take the warm bath this morn- 
ing and let the ''leg there soak for thirty minutes."' I fol- 



^7 

lewed his advice in the absence of a more scientific authority, 
and have just returned from the bath feeling all the better for 
having taking it. I thought the burnt alum which sister Su- 
san put on the wound healed it too rapidly, and the effect of 
the bath has confirmed me in this impression. Immediately 
after leaving the bath, the blood spurted in a livel}- stream 
from the wound, which Brinklj' soon stopped. He was not 
cast down at this incident, but said it was a good sign, that 
It was a discharge of bruised blood, and applied lint and Bas- 
ilican plaster, and I now feel quite easy and comfortable. 
Brinkl}- is not a quack; on the contrarj-, he possesses some 
skill, and is anxious to be of service, not only to me, but to 
all suffering humanity. 

There are a number of visitors still here, among them 
Norborne Nicholas, Judge Roane, Dr. Adams, Mrs. Harvie 
and Malinda Bowj-er. They meet daily. Dr. Brokenborough 
included in the part}', in my apartments, and we enjo}- the re- 
union no little. All are exceedingh' kind, they even oppress 
me with their friendly attentions. Having accepted the gui- 
dance of old Brinkle}-, I shall adhere to him as long as I im- 
prove. It niaj^ not be the best course, but it would be diffi- 
cult to ascertain the wisest policj- among such a multitude of 
counsellors, each one with an infallible remed}', and all ad- 
vising a different course of treatment. But it is interesting 
to hear these good people discuss their theories. They are a 
remarkably cultured coterie to have remained behind the an- 
nual exodus, and all full of kindness of feeling. This I take 
to be culture, or the powers we acquire of sympathizing with 
others, of feeling the conditions under which they act and of 
regarding them and their interest rather than our own wishes 
and gratifications. Roane, who will stop with us three days, 
on his return from Richmond, and whom you have not met, 



3S 

though I have known him for 20 years, is a man of superior 
abilities, and with considerable literary attainments, is accu- 
rate in legal learning and one of our best lawyers and judges. 
He is a good, but not what is styled a "brilliant talker," 
ready in his wit and pat in illustration. He amuses the 
mind by his happy conceits which, like a good conscience, 
act as medicine for both mind and body. I regret to say that 
his health is bad. [Judge Roane died Sept. 4th, 1822.] 

Girard Stuart has just arrived from the Sweet Springs 
and says 160 visitors are yet there, and about 60 at the White 
Sulphur. I hope to see you and little Susan, Captain and 
Mrs. Massie, on Friday. Present me affectionately to Capt. 
M., Susan and the family. 

Your affectionate husband, 

John H. Peyton. 



SPEECH OF JOHN H. PEYTON 72 YEARS AGO. 



The following interesting extract from the records of the 
Superior Court of law and chancery for Bath county, 1822, 
Vv'ill no doubt be read with keen zest at the present time: — 

EXTRACT FROM THE RECORDS. 

"At a Superior Court of law holden for Bath county at 
the court-house on the 5th day of September, 1S22. 

John H. Pej'ton addressed the court to the following ef- 
fect:— 

"The melanchol}^ task devolves upon me [Mr. Peyton 
was Attorney for the Commonwealth in the county and cir- 
cuit] of announcing to the court the death of Hon. Spencer 
Roane, one of the Judges of the Supreme court of Appeals of 



39 

Va. He departed this life on last evening at this place where 
he came a few weeks since for the recovery of his health. 

In him the country has lost one of her most useful and 
distinguished citizens, liberty one of her most enlightened, 
firm and determined advocates, and the judiciarj-, one of its 
brightest ornaments. 

As a small tribute of respect to the memory of the de- 
ceased, rendered peculiarly appropriate as it emanates from a 
department to which he was both personally and profession- 
ally attached, and from a court over which presides one who 
has long been his political associate and personal friend, I of- 
fer for adoption the following: 

Resolved, That the court do forthwith adjourn and that 
the Judge, the Bar and the other officials of the court attend 
the funeral of the deceased. 

The court and the Bar assenting to the resolution im- 
mediately adjourned." — Spectator, 1894. 



SAME TO SAME. 

Isleham, Jackson's River, March 7th, 1823. 
My Dear Ann: 

I arrived here on Thursday about 12 o'clock, after a very 
disagreeable and fatiguing journey. The day I left home, I 
had good roads and fair weather, and I reached Roadcap's on 
the great Calf Pasture River, near the Panther's Gap, where I 
lodged. The next daj^ I traveled in the rain from morning 
till night, and over wretched roads, often a half leg deep in 
mire. My horse was so wearied and exhausted I could get 
no further than the Hot Springs, twenty miles. The next 
da}' I rode through sleet and rain, mire and mud to Capt. 
Massie's, where I stopped until the weather improved. I 



40 

then took your brother Benjamin with me to this point, where 
we have since been enjoying fine weather — the sky is now se- 
rene and the air mild. 

The day 1 left Staunton Mrs. Massie set out for Fincastle 
on a visit to her sister, Mary, (Mrs. Woodville), who is. I am 
sorry to say, in declining health. She will make an effort to 
fetch Mary to her home, thinking the air and water of the 
Valley cannot fail to be of service to her. Capt. Massie and 
the children, your father and mother, and, indeed, all the 
family are in their usual good health and spirits. 

A thaw has set in, the ice is breaking up, and the water 
courses rising. \'egetation is a fortnight later than last year 
at this time. The maple sugar season, which usually occurs 
in Februrary. is just now beginnig. Nelly is very busy over 
her pots and pans, but has only made thirty-three pounds. 
This she sends you to-day by Ben, who also carries, among 
other things, the cloth for a suit of clothes sister Massie pre- 
sented me — the cloth is of her own manufacture and of fine 
and durable texture. Have this suit made up for me imme- 
diately and have the pantaloons cut by my wedding small 
clothes — they fit better than any of my others. If you are 
too busy to give this matter your attention ask Miss Tapp to 
attend to it. William will purchase the trimmings from Mr. 
Cowan. [Note — ^Joseph Cowan then the leading dry goods, 
merchant in Staunton.] 

I have decided to send your carriage horses by Ben and 
to run the risque of making my journey through Pendleton 
on the mare I bought of Capt. Massie. She is rough, much 
marked with harness, but is young, active and though spirit- 
ed, gentle. I prefer such a riding horse, unsightly though 
she be, to the slow, lifeless movements of Kelly, who is at 
the best a shuffling nag. 



41 

I am adding to the furniture and comforts of our house 
here — have directed Mrs. Walton to make you some hand- 
some counterpanes and some linen sheets, table cloths and 
towels from the flax grown on the farm. I have also bought 
a supply of feather beds and pillows, and purchased a mirror 
and dinner service of Liverpool ware, the latter for use on 
great days and holidays when you favor the place with your 
presence. 

The servants have put up 5,900 pounds of pork and large 
supplies of lard. There is every prospect that we shall have 
plentl)' of fruit and vegetables, so that you will want none of 
the creature comforts when on your visit in August. The 
ice-house has not been comm^enced, and I fear will not be fin- 
ished this season. Walton's delays are vexatious — I suspect 
he has an object in them — he fears to make this place too 
comfortable lest you may prefer it to Staunton, in which case 
his services might, and would be dispensed with. If I should 
be forced by his repeated neglect of my orders to dacline his 
services for the future, he will have fared as he hath wrought. 

I hope to get a letter from you at the Warm Springs — do 
not expect another from me before my retvirn. Ben unites 
with me in love to you, William and Susan. 

I remain your affectionate husband, 

John H. Peyton. 



P. S. — Tell William the river could not be forded, or I 
should have sent for his minerals and other curiosities at Mc- 
Clintic's. Ben will take him his Indian arrows and stone 
cannon ball, though there is no account of the Indians ever 
having usee] big guns. Nelh' sends Susan some maple sugar. 



42 



MAJOR JOHN LEWIS. 



Mrs. Peyton made a visit to her mother at the Sweet 
Springs after the death of her father, Major John Lewis, 
which occurred at the Springs in 1823. Major Lewis ought 
to live in the memor}- of posterity, as he was in more ways 
than one a remarkable man, renowned among his comrades for 
courage, integrity, his high sense of honor and indomitable 
perseverance. Let us premise a word as to this heroic old 
man. He had long served in the Indian wars on the border 
and was present at the battle of Point Pleasant in 1774, an of- 
ficer under command of his distinguished uncle. Gen. Andrew 
Lewis, commander-in-chief. During the arduous march from 
Fort Union through the wilderness and at the battle he infu- 
sed his own spirit and energy into all about him, was already 
renowned for his precocious military talent at the opening of 
the Revolutionary war. About two years later he joined the 
Continental army as a Lieutenant, was engaged in nearly all 
the battles in the Northern Colonies, Monmouth, Saratoga, 
Trenton, etc., and spent the winter of 1777, at Valley Forge. 
Though a very young man he attracted and made the lasting 
friendship of Washington. He rose to the rank of Major, in 
which rank he served at the battle of Momouth. At the 
close of the war, to which he had devoted his energies, and 
just as he was in sight of the gloriours summit "where fame's 
proud temple shines afar," and his services would doubtle.ss 
have been rewarded by high command, the strife ended by 
the recognition of American Indepndence. In 17S3, 



4:^ 

Major Lewis retuned to his Virginia home, without having 
won that extended fame which was so liberally meted out to 
those in high commands. From 1783, to Wayne's victorious 
campaign against the Western Indians, in 1794, Major Lewis 
was much on the frontier, had many encounters with savages 
and border ruffians, had many hair-breadth escapes and won 
great 'applause for his personal strength and boldness. In his 
frays with these fierce borderers he displayed extraordinary 
physical strength as well as indomitable pluck. He was only 
five feet ten inches high, but was strongly and compactl}' built, 
and his muscular power was enormous. It wascommonlj- said 
that he was the strongest man in Virginia. His shoulders 
were broad and his chest deep. His countenance was frank, 
open, manly and cheerful, but at periods of danger stern and 
severe. In nature he was kind and gentle, was a humane and 
benevolent man, neither, showing ferocitN^ nor indulging in 
cruelty. He died an Elder in the Presbj'terian church, uni- 
versally respected by all who knew him. During his career 
he made the acquaintance of Gen. Jackson, afterwards seventh 
President of the United States, who entertained and expres- 
sed the highest opinion of his military genius and of his pure 
and upright character. In 1830, when South Carolinia threat- 
ened nulification. General Jackson declared to a Virginian gen- 
tleman then in Washington, "That if he had a man like John 
Lewis to second him, he could go to South Carolina, hang 
Calhoun and end nulification within a month and forever." 
In 1830, the United States government made a large grant of 
lands to his heirs as a further recompense for his military ser- 
vices. It was during Mrs. Peyton's visit to her home in the 
Sweet Springs Valley, after her father's death, that the fol- 
lowinof letter was written: — 



44: 

JOHN H. PEYTON TO MRS. PEYTON: 

Staunton, Jnne 24th, 1823. 

I duly received the letter ot my dear wife on the 15th, 
giving me the agreeable inteligence that she and Susan had 
improved in health and were well. Let me say a word here 
on the subject of your and her health. Do not let her habits- 
of life become too delicate. If you will both continrte the 
practice of taking a cold bath every morning, you will soon 
regain your former healthl}' tone and Snsan become stronger 
and teethe easih\ Whenever you suffer with heat and need 
refreshment resort to the warm bath, not oftener, however, 
than once a day. Do not allow the nurse to carry Siisan in 
her arms as much as heretofor; let her place the child on the 
floor to there exercise by getting on her own way — 'We must 
crawl before we can walk.' Nothing can supply the want of 
exercise, it gives the child confidence and the conversation of 
the nurse and the pointing out of objects pleases its fanc}' and 
arouses its faculties. Children that are too much nursed and 
codled are apt to be weak and delicate, and are sometimes ev- 
en deformed by the carelessness of nurses in keeping them too 
long in improper positions. We cannot be too particular 
with this lovely child in whom we so much delight. The 
Masonic procession occurs to-day; it is in honor of John the 
Baptist. Dr. Stephens delivers the address [Rev. Dr. Steph- 
ens, Rector of Trinity Church, Staunton,] and the dinner 
is given at Mrs. Chamber's tavern. I can only participate in 
the dinner, as there is a trial of a negro for a rape committed 
on a white married woman, which will occupy my attention 
throughout the day. J^ow that he is within the toils of jus- 
tice, I shall see that he does not struggle out and make his 
e^scape. Such brutal deeds must meet their just punishment. 

Your triend Mrs. Baldwin is much engaged entertaining 



4:. 

her brother and his family, who are on a visit from Winches= 
ter. Such spare time as I have is spent with Johnson and 
his family, where I am almost domiciled, [Chapman Johnson 
the distinguished lawyer.] Johnson's health is much improved 
and his spirits are better. He no longer suffers wMth depres- 
sion. He makes many friendl}' enquiries after you and his 
god-daughter, Susan Madison. He goes to the Sweet this 
summer with his family and sister-in-law, Agnes Nicholson. 

I have directed the servants to make you a supplj* of cur- 
rant jelly and walnut pickles. Sinah has also salted down, 
for winter use, a quantity of excellent butter. Is there any- 
thing else 3'ou would like to have done? If so, speak — you 
will not have to speak twice. 

On Thursday I commenced my harvest. The wheat is 
much better than last year, and than I supposed it would be. 
The recent rains have improved the oats and corn, and there 
is promise of an abundant yield. Our hearts should be filled 
with thankfulness for the countless blessings God showers 
upon us. Why are we not stimulated to more and greater 
acts of beneficence. 

My health has improved since I last wrote — my cold is 
gone, my appetite good and my spirits buoyant. I do not 
think I will ever lay aside my flannel again, certainly not be- 
fore May is out. Dr. Boys and Gen. Brown both told me re- 
cently that they never removed theirs without taking cold, 
and for several years they have worn it all the year round. 

I received a letter from Capt. Massie a few days since, 
from which I am happy to learn that he is recovering. I 
hope to meet Woodville soon , on his way to see his friends in 
Culpepper. I hear that Aunt McDowell is at Smithfield with 
your grandmother Preston, whose health is much impaired. 
James M. Preston writes urging me to make them a visit and 



4(i 

to fetch you and Susan along. Ballard is a stirring and prom- 
ising lad. [afterward \Vm. Ballard Preston, Secretar}- of the 
Navy in President Taylor's Cabinet.] 

M}' engagements will not admit of my writing more. — 
Remember me affectionately to your mother, to Sister Wood- 
ville, to Sarah. Lynn, and all the children. Kiss Sue forme, 
and for yourself .accept my best wishes for your health and 
happiness. Write as often as possible. 

Your affectionate husband, 

John H. Peyton. 



Note. — Ben was by birth an African chief, and became 
Mr. Peyton's favorite man-servant. Captured on the African 
coast in 1807, he was brought to Virginia with a cargo of ne- 
groes and sold. At the auction Mr. P., who happened to be 
on the Lower James river at the time, became his purchaser. 
He was then about twelve years old, a strong, athletic boy, 
who grew to be 6 feet 2 inches high, and was as black as ink. 
He was named Ben Potter, probably after one of his captors. 
The interpreter gave an interesting account of Ben, and of 
the deference and respect paid him on the voyage by his fel- 
low captives. — The young negro was so much impressed with 
the appearance and bearing of Mr. Peyton that he begged him 
through the interpreter, to become his purchaser. This he 
consented to do and Ben continued his faithful servant through 
life, till his (Mr. Peyton's) death in 1847. Ben was soon 
deeply attached to his master, was confided in, and trusted 
by Mr. Peyton and his family. On leaving home to go the 
round of the circuit, Mr. Peyton always placed his wife and 
children under Ben's protection and never had cause to regret 
it. He was sober, industrious and honest — every waj' worth}' 



47 
of the trust reposed in him. Thirty odd years later, when 
Mr. Peyton was prostrated by paralysis in 1845, ^^^ attached 
servant and friend was ploughing in a field near the Montgom- 
ery Hall Mansion. Hearing cries of alarm from the family, 
he abandoned his team and ran to the house, and elbowing 
himself into his master's room assisted in ministering to him 
till the arrival of the family physician. 

From that hour to Mr. Peyton's death in 1847, he slept 
in his room, helped to watch over him, administered his med- 
icine, drove him in his phaeton, when his health admitted of 
it, and looked after his comfort in everj^ way, and was never 
over thirty minutes out of his presence till Mr. P. died, when 
he seemed broken-hearted. Mr. Peyton's executor offered Ben 
his freedom and a life annuity, which he declined — he prefer- 
red to remain with his old Master's children, and did so until 
his death, which occurred about 1855, the aged, trusted Ser- 
vant sinking into the grave a sincere Christian, loved and re- 
spected by all who knew him, and with the confident hope 
.that he wortld meet his old Master and friend among the 
Saints above. Among those whose admiration for the char- 
acter of this faithful servant led them often to speak of him 
with pleasure, was the late Col. John B. Baldwin, who nev^er, 
while he lived, allowed Ben, and the history of his good and 
faithful services, which for several years came under his ob- 
servation, to go unmentioned — or unrewarded. 



JOHN H. PEYTOX TO MRS. PEYTON, 



Warm Springs, Sept. ist., 1823. 
My Beloved Ann: 

On the day we parted the Judge (Archibald Stuart) and 



48 

jnyself arrived without adventure at General Blackburn's. * 

On the next day at Colonel Cameron's and on Tuesday 
at two o'clock arrived at Huntersville, the seat of Justice of 
Pocahuntas county — a place as much out of the world as Crim 
Tartary. Owing to the bad conditions of the roads we were 
much fatigued and bore many marks of trayel-stain. The 
so-called town of Huntersville consists of two illy-constructed 
time-worn, (though it is not time which has worn them,) 
weather-beaten cabins built of logs and covered with clap- 
boards. My negro cabins on Jackson's river are palaces in 
^comparison with them. 

One of these wretched hovels is the residence of John 
'Bradshaw, the other is called the Loom-house for these peo- 
ple are self-sustaining. They spin and weave. The big- 
wheel and the little wheel are birring in every hut and throw- 
ing off the woolen and linen yarn to be worked up for family 
purposes. The home-spun cloth, too, is stronger and more 
.durable than that brought by our merchants from Northern 
manufacturers. 

In Bradshaw's dwelling there is a large fire-place, which 
occupies one entire side, the gable end. The chimney is 
enormous and so short that the room is filled with light which 
enters this way. It is an ingenious contrivance for letting all 
the warmth escape through the chimney, whilst most of the 
smoke is driven back into the chamber. In the chimney-cor- 
ner I prepared my legal papers before a roaring fire, surroun- 
ded by rough mountaineers, who were drinking whiskey and 
as night advanced, growing riotous. In the back part of the 
room two beds were curtained off with horse-blankets — one 
for the Judge, the other for myself. To the left of the fire- 
place stood old Bradshaw's couch. In the loft, to which 
they ascended, by means of a ladder, his daughter and the 



49 

hired woman slept, and at times of a crowd, a wayfarer. The 
other guests were sent to sleep in the Loom-house, in which 
was suspended in the loom, a half-woven piece ot cloth. 
Three beds were disposed about the room, which completed its 
appointments — -one was allotted to Sampson Mathews, a second 
to John Baxter, the third to George Mays, and John Brown.* 
The loom was used as a hat-rack at night and for sitting on, in 
the absence of chairs, in the day. As there was not a chair or 
stool beyond those used by the weaving women, my clients 
roosted on the loom while detailing their troubles and receiv- 
ing advice. 

Bradshaw's table is well supplied. There is profusion, if 
not prodigality in the rich, lavish bountjof the goodly tavern. 
We had no venison, as this is a shy season with the deer, but 
excellent mutton with plenty of apple sauce, peach pie, and 
roasting ears. As a mark of deference and respect to the 
Court, I presume, we had a table-cloth — the}' are not often seen 
on Western tables and when they are, are not innocent of color — 
and clean sheets upon our beds. This matter of the sheets is 
no small affair in out of the way places, as it not unfrequently 
happens that wanderers communicate disease through the 
bedclothing. Old Bradshaw's family is scupulously clean, 
which is somewhat remarkable in a region where cleanli- 
ness is for the most part on the outside. A false modesty 
seems to prevent those salutary ablutions which are so nec- 
essary to health, and I did not commend myself to the good 
graces of the hired woman by insisting on my foot-bath every 
morning. 

We remained five da}S at Huntersville closely engaged 
in the business of the Court, which I found profitable. Poca- 
hontas is a fine grazing county, and the support of the people 
is mainl}' derived from their flocks of cattle, horses and sheep, 



50 

which they drive over the mountains to market. There is 
little money among them except after these excursions, but 
they have little need of it — every want is supplied by the 
happy country they possess, and of which they are as fond as 
the Swiss of their mountains. It is a pretty country-, a coun- 
try of diversified and beautiful scenery in which there is a 
wealth of verdure and variety which keeps the attention alive 
and the outward eye delighted. 

On Saturday the Judge and I visited Sandy Lockridge, 
where we were very hospitably entertained. His house is 
every waj' a respectable dwelling, with plenty of room and 
much good furniture. On Saturday we returned to Col. 
Cameron's and this evening arrived here in sound health 
and excellent spirits, notwithstanding our rough ex- 
periences. I was much dissappointed not to find a letter 
awaiting me from my dear wife. Ben Crawford has, 
however, relieved my anxiet3% b}^ telling me that he saw you 
on vSaturday sitting at the front window of your dining-room 
writing, and thought he heard the- prattle of Susan in the 
room. I imagine you were writing to me and hope to-mor- 
row's mail will fetch the coveted letter. 

Your father's will has been recorded in Alleghany county 
and your brother William has qualified as sole executor — 
the sale is to take place day after to-morrow, but nothing 
v/ill be sold but the live stock. I have seen none of our re- 
lations or connections since I left home — have learned these 
facts from others. 

Accept the best wishes of your husband for yourself and 
our dear little girl, and believe me, 

Yours aiTectionately, 

John H. Peyton. 



LETTER FROM JOHN H. PEYTON TO HIS WIFE. 



In 1826, John H. Peyton obtained an appointment as 
cadet at West Point for his brother-in-law, John B. Lewis, 
of the Sweet Springs. As young Lewis was inexperienced, 
had never traveled beyond the limits of Virginia, Mr.- Peyton 
determined to accompany him to the Ignited States Military 
Academy, though the journey at that day was long and te- 
dious and his professional engagements made his absence at 
any time a matter of great inconvenience to himself and 
clients. 

The following letter to Mrs. Peyton will be read at this 
day with interest and something like astonishment, so great 
has been our progress and development within the past sixty- 
five years — such changes would hardly have occurred in Eu- 
ropean countries in centuries. At that day the old-iashioned 
stage-coach was still in use, there were few macadamized 
roads and no railways. The entire journey, therefore, from 
Staunton in Virginia, to West Point, was made in what were 
called "hacks." — most of them rickety and unsafe, and in 
steamboats no better, and not so safe as the Tug and Ferry 
boats of the present and as unlike as possible the floating 
palaces of our day. It must be remembered that railroads 
were not opened in the United vStates until 1S30, and travel 
was somewhat in the unsatisfactory state described by Mr. 
Pickwick. 

"Travel," said Mr. Pickwick, "is in a troubled state, 
and the minds of coachmen are unsettled. Stage-coaches are 
upsetting in all directions, horses are bolting, boats are over- 
turning and boilers are bursting." Such was true in no 
Pickwickian sense in our country in 1826, and the perils of 
traveling were increased l)y the use of high pressure engines 



cm the boats, and unskillful drivers and bad horses in the 
coaches. There was not much improvement in things in 
Virginia since A. D. 1665, when Colonel Valentine Peyton, 
of Nominy. in the county of Westmoreland, Virginia, thus 
remarks in his last will and testament [See April number, 
1 88 1, of the New England Historical and Geneological Reg- 
ister] before leaving home, ''being about to take a voyage 
to Jamestown and knowing the life of a man to be uncer- 
tain. I doe make this my last will and testament/' If a 
man were indifferent to such dangers, there was little pleas- 
ure to be derived from traveling. The taverns were misera- 
ble, and the rural districts almost destitute of the comforts of 
civilized life. Excitement there might have been in jour- 
neying then, but none of the pleasant exhileration which 
attends a jaunt in a Pullman now-a-days. Mr. Peyton makes 
no complaints, though it is obvious from his description of a 
half-hour's "nap" on the Baltimore boat, that he had not 
stumbled upon a bed of roses. 



JOHX H. PEVTOX TO HIS WIFE. 

New York, June i8th, 1826. 
.\/v Dear Ann: 

On the 15th at 5 o'clock we left Baltimore on the steam- 
boat for Philadelphia. The view of the city. Fort McHenry, 
the light-house on North Point, and of the Chesapeake Bay, 
with its numerous vessels spreading their canvas to the winds 
just as the sun was sinking below the horizon, was animating 
and enlivening, majestic and sublime. From the prow of the 
vessel, I contemplated this interesting scene as long as the 
light enabled me to enjoy its beauties. Soon after dusk a 
pealing bell summoned us to the supper table, where we were 



surprised to find a sumptuous repast spread out. We had 
not anticipated such variety or delicacy of food. After par- 
taking of the good cheer, we drew lots for our berths. I was 
unlucky — my berth was so warm, not to sa}- hot and stuff}', 
that before I could get any sleep our arrival at French town 
was announced. Turning out at 12 o'clock at night, but 
with no regrets, we shortlj^ after continued our journey, and 
at 3 oclock in the morning, found ourselves at New Castle. 
Here we re-shipped in a steamboat without berths. This I 
did not regret after my recent experience of them, and Benja- 
min and myself essayed to secure a half-hour's sleep stretched 
upon two pine benches. How long we might have courted 
sleep on these hard and narrow couches, I know not. We 
were not left to make the experiment any length of time, but 
were shortly roused up by the bustle among the seamen and 
passengers preparatory to landing at Philadelphia. The 
breakfast table, when we entered the so-called saloon, was 
smoking with coffee and steak, and about the time we had 
paid our respects to both, the boat was at Chestnut street 
wharf. Landing here we proceeded immediately to Camp- 
bell's, and it was a glad surprise to find him astir, thanks to 
the business habits of the city of brotherly love. 

I'nder his guidance, after another cup of coffee and a hot 
roll, we proceeded to attend to the numerous commissions 
with which we were charged. This occupied us something 
over four hours, when we bade our friends adieu and went 
aboard the New York steamer. About 6 o'clock p. m. we 
reached Princeton, where I spent four of the happiest years 
of my youth, and which I had not see''i ^^nce' taking" iT't3''9ei 
gree in 1797. The stages were running -\vi*th' such rapidiLy; 
however, that it was impossible to call', ^a I wished,' upon i*iy 
old friends. Dr. Alexander and Prof. C6'mfort, or deliver tlie 



54 

letter for Miss Waddell, but I chanced to meet a young gen- 
tleman of my acquaintance from Washington, who stopped 
at Princeton, by whom I sent it to her. 

I shall make it a point to stay over a day at Princeton 
on my return. In due time we arrived here. Benjamin is 
perfectly well, does not regard either the fatigues or loss of 
sleep, but I am worse for the wear and tear. And I would 
not advise those to take the trip whose onl}- business is 
pleasure. 

On yesterday I dined with Mr. Gallager, wherejl met 
Mr. Reid, who, you may remember, preached some time 
since at the Presbytery in Staunton. He is to preach in 
New York to-day, and I hope to hear him. He is highly 
esteemed here as a preacher and man. In the eveningll took 
tea with Mrs. Murra}-, mother of my brother Rowze's wife, 
where all the family were collected round me making en- 
quiries after their relatives and friends in Virginia. For^the 
most part I was unable to gratify their curiosity, having re- 
cently neither seen nor heard of the kith and kin in Rich- 
mond or the Northern Xeck. 

At lo o'clock to-morrow I shall set out for West'Point 
with Gen. Huston, of Tennessee, to whom I was introduced 
on yesterday by Gen. Scott. [Gen. Winfield Scott.] Ire- 
quested Miss Heiskell of Philadelphia, to execute Jane and 
Lynn's commissions, which slie promised to do against my 
return. 

Give my love to all the family, 

^'ours affectionately, though in much haste, 
-'" ' ■ — ■ ■ ""; ' John H. Pevtox. 



ANECDOTE OF JOHN H. PEYTON IN A CRIMINAL 

CASE. 



Shortly after his eldest son, William, entered upon the 
practice of law in 1823, when attending court at the Warm 
Springs, Bath Co., he mortified his father, John Howe Pey- 
ton, exceedingly by a piece of off-hand levity, which the 
latter regarded as a most undignified proceeding, unworthy 
of the profession. Young Wm. Peyton was employed to de- 
fend a man charged with horse stealing, and as there was 
only circumstantial evidence to prove his guilt, AV. M. Peyton, 
who was much exhilerated, for it must be remembered that 
the case came on after dinner, set up the defence that accord- 
ing to the principles of science, and of a new science likely to 
prove both useful and ornamental, it was impossible his client 
could be guilty. He then referred to and explained the the- 
ories of Gall and Spurzheim, and declared that according to 
the phrenological bumps on the head of his client, theft was 
a crime he was incapable of committing. He argued with 
much gravity and ingenuity in this direction, amidst the sup- 
pressed giggling of the bar, to the great chagrin of his father, 
who was the public prosecutor, and to the thorough mistifica- 
of the county court. This body was composed of countr\- 
gentlemen unacquainted with law, and it was one of their 
boasts that they made up their decisions, not so much in ac- 
cordance with the principles of common law, as of common 
sense. W. M. Peyton went on, and drawing from his desk a 
copy of Combe's phrenology, illustrated it with plates, ex- 
hibited it to the jury, and declared that at the point on the 



56 

pericranium of his client, where there should be a protuber- 
ance if he were capable of robber}^, there was not the slight- 
est development, and asked, what is the value of science, if 
we discard its teachings? He then made an animated and el- 
o:;[uent appeal to the feelings of the iury, based upon the hu- 
mane principle of the common law, tlTat it is better that 
■ninety-nine guilty men should escape than that one innocent 
person should suffer, and declaring his conviction of the pris- 
oner's innocence, asked them to give him the benefit of every 
doubt and lean to the side of mercy. 

His father, in repl}-, commented severely upon the airiness 
of his son, as inconsistent with the administration of justice 
and the dignity of the profession. He ridiculed Gall and 
Spurzheim's far-fetched theories, which he declared were not 
scientific deductions, but only speculative opinions, and 
brought the whole defence into contempt, by referring to the 
human skeleton, saying, "If you run your eye down the 
spine it alights upon the oscoccygis." Neither the court nor 
the jury understanding what these words meant, but overcome 
by the ludicrous manner of Mr. Peyton, both burst into a hearty 
laugh. "Now," he continued, "this oscoccygis is nothing 
more nor less than a rudimentary tail, as Lord Monbeddo has 
well said, and I suppose we shall have some modern philoso- 
pher startling the world again with the proposition that man 
once flourished a tail, but of which the civilized use of a 
chair has, in process of time, deprived him. "j^ He continued, 
somewhat in this style, "I say nothing against philosophers 
nor tails, both are useful in their way. What would a cow 
do without her tail, especially on our fly-pestered prairies, 
or the Pampas of South America? What would a monkey 
do without this caudal appendage and its prehensile quality? 
With him it takes the place of hands. And shall we have 



philosophers telling us we received our hands when we lost 
our tails, and that the monkey lost the use of his hands be- 
cause of his peculiar facility of using a tail? A beautiful 
science," said he, "is the phrenology, according to the theory" 
of the learned counsel for the prisoner. To all standing in 
the unenviable position of his client, it will prove, it the 
learned gentleman be correct, not only a thing of beauty, but 
a source of comfort and a joy forever. To the murderer, the 
burglar, the highwayman, to all in fact, who wish to be rid of 
the responsibility which attaches to their actions, it will be- 
come a positive blessing. Not to these only, but to the en- 
tire community — it opens a brilliant prospect of life, of life 
as it should be in this enlightened age, at this advanced 
period in the progress of the world. Upon the ruins of our 
present immature civilization it will uprear a charming state 
of society. Under the vivifying influence of this new sys- 
tem, manjvind will be happy, perfectly happy; and until the 
auspicious day when the new order commences, this "con- 
summation so devoutly to be wished," need not be antici- 
pated. Throughout the world, at least so much of it as is 
illuminated by the light of phrenology, perfect liberty will 
obtain, and the present generation will wonder at the dark- 
ness in which their ancestors groped. Justice will reign su- 
preme, and our statute books will be no longer disgraced by 
those dreadful laws founded in ignorance, superstition and 
cruelty, which consigns a helpless and irresponsible man, 
criminal you call him, to the merciless hands of the execu- 
tioner. It will be clear as the noon-day sun, that law and 
liberty cannot co-exist, that they are natural enemies. Along 
with this knowledge will come a resolution to demolish the 
whole system of our jurisprudence, to cart off the rul)bis]i 
and substitute in the place thereof a new, nobler, and higher 



civilization. Pcor weak man will no longer be held account- 
able tor his actions. The infirmities of his nature will be- 
come a recognized principle, that men are but men, will be 
evident to all men. It will be understood that from the foun- 
dation of the world it was determined, pre -destined, and 
fore-ordained that he should act thus and thus, and that, 
therefore, he cannot be justly rewarded for any action how- 
ever meritorious, nor punished for any crime, as we term it, 
how atrocious soever. Men will stand aghast that laws 
should have existed, and for so many ages, for afflicting a 
human being for actions, over which it is clear, according 
to the prisoner's counsel, he had no control— actions, in 
fact, which they were bound to perform, by an irresistible 
law of human nature. Then will it be seen that men commit 
murder, pepetrate rape, and apply the torch because they 
cannot help it. Gentlemen of the jury; no line of argument « 
would be shorter— I leave you to determine its soundness." 

"But to be serious," said Mr. Peyton, who though cheerful 
in his disposition, had a manner so tempered with grayity as 
to check the indecent levity, "I must refer, before closing, to 
the conduct of the prisoner's counsel, and remark that some 
speakers are more anxious to display their eloquence, than 
to promote the public good. Now when this is the case, as I 
must charitably suppose it to be on this occasion, oratory is a 
useless gift, and such fine speeches as we have had to-day 
are simply disgusting. When great talents are employed to 
support a bad cavise, perhaps from selfish motives, (I trust 
and believe that this is not the case now,) they are objects of 
universal contempt. Oratory, with all its pleasing charms 
b^comts an instument of mischief, when used by an unprinci- 
plel man, as, when resorted to by a good man, its happy in- 
fluences almost exceed belief. An orator, who thus uses his 



51) 

talents, without reference to his personal interests, if he do 
not succeed in his efforts, at least enjoys self approbation and 
that of his God." 

In this manner Mr. Peyton threw the defence into ridi- 
cule and disrepute. This sound sense and keen sarcasm was 
too much for Wm. Peyton's after dinner eloquence, and from 
a brief consultation, the jury returned and delivered a verdict 
condemning the prisoner to the penitentiary for two j-ears. 

The Hon. David Fultz, of Staunton, recently judge of 
the circuit superior court of Augusta county, who was pres- 
ent on this occasion, told the writer twenty j-ears ago that he 
had never, during his career at the bar, been so much inter- 
ested or amused by any trial as this. The disgust of my 
father at such a defence being set up, the elation of his son 
at the probable success of his ruse, the bewilderment of the 
court and jury, both of whom seemed lost in a fog, the sup- 
pressed merriment of the audience, which did not compre- 
hend exactly all that was transpiring, but which to some ex- 
tent entered into the fun, rendered the whole scene inimitable. 



MR. PEYTON'S VIEWS AS TO A FIDDLING LAWYER. 

"Music," said Mr, P., "is out of place in a court house. 
I never knew a fidddling lawyer to succeed, especially if 
nature designed him to play that useful, yet much despised 
instrument, the "second fiddle." — a good enough instrument 
for a duet, but one on which no succesful solo was ever 
played." 



MR. PEYTON ON RELIGIOUS AND POLITICAL TOPICS. 

In 1840, Mr. P. and his brother-in-law. Colonel Wm. L. 



m 

Lewis, met at the home of a mutual friend. In religion Col- 
ly, was a Roman Catholic and in politics a disciple of John 
C. Calhoun. Discussion arose between them and became so 
Avarm on the part of Col. Lewis, that their friends feared 
the}' might result in a feud. Xot so, however. Mr. P.'s 
moderation was equal to his vigor, and he soothed his broth- 
er's discomfitures by his logical reasoning. 

"There is no necessit}', William," he would say, "for 
difference of opinion creating hostility. It must be admitted 
by all that there is great variety in the tastes, habits and 
opinions of mankind, and it is necessary that it should be so. 
That partial discord tends to general harmony is more than 
poeticall}^ true, for, if all men were to set their minds upon 
living in the same climate, or under the same government: 
or, if all the people of a country had an unconquerable desire 
to live in the same towai; if all the inhabitants of a town 
were to have a good opinion of only one physician, or of onh- 
one preacher, or lawyer or mechanic, or could only relish one 
article of food, or fanc}' only the same dress; or, if all men 
were to fall in love with the same woman, or all the women 
with the same man, what would be the consequence? Wh}" 
from a feeling of seeming agreement, universal discord would 
result. 

Even the value of truth is best appreciated by the oppo- 
sition it meets with, and falsehood and error are detected by 
the discriminating powers of opposite .sensations and feelings. 
That there should not be uniformity upon many important 
subjects, such as the theory of government, etc., must be 
the stamp of heaven. For myself, I claim freedom of opinion 
as an inherent right, provided it does not disturb the estab- 
lished order of society. I fear j-our nullification views go 
this length. However, let me proceed: No man has a right 



to be offended at my opinion, or hold me in contempt for en- 
tertaining it, for it does him no injury; and what I claim for 
myself, common justice requires that I should allow to oth- 
ers; and did we well consider, that this disparity of an over- 
ruling Intelligence, we surely should not suffer it to be the 
cause of feelings of animosity to our fellow human beings, 
though their political or religious opinions should be the 
opposite of our own — still less such old friends as ourselves. 
For, continued Mr. Peyton, unless we had been subjected to 
the same involuntary impressions and sensations that other 
persons have been, w^hich is, perhaps, impossible, we can be 
no judges of the merits of their opinions, or how the}- have 
outraged truth and reason, even admitting that they are in 
error. If it should be contended that truth and reason are 
immutable, and when two differ upon a fundamental truth, 
there must be deviation from reason and truth in one of the 
parties. I would admit it to be so, if the question was sus- 
ceptible of mathematical demonstration. 

This is rarely the case — were I to meet a man who 
should contend that two and two do not make four, or that 
the amount of degrees in three angles of a triangle are not 
equal to the amount of degrees in two right angles, I must 
justly charge him with folly or wilful falsehood; but, in 
whatever does noi admit of demonstration, our convictions 
are our feelings; and our feelings depend more upon involun- 
tary impressions than we are often willing to allow. Certainly 
truth and reason are the most likel}' to prevail with cultivated 
minds, for truth and reason are the most likely to make the 
right impression, but we are too apt to over-value our own kind 
of knowledge, while we enderrate that of others. 

In point of real utility, the knowledge of the man who 
is skilled in the breeding and feeding of cattle is more valua- 



ble to society than is the knowledge of him who is skilled in 
- mathematics, yet the latter will look down upon the former, 
when, perhaps, the only advantage he has over him is the be- 
ing able to convey his knowledge in more correct and per- 
spicuous language; and unless we possessed all kind of knowl- 
edge in an equal degree, we are liable to be imposed upon in 
some things, either by thinking too much upon them, or too 
much, to the exclusion of other branches of knowledge, the 
possession of which, though seemingly foreign to the subject, 
may be necessary to its clear elucidation; for it is by posses- 
sion of general knowledge only that we can claim a superior 
title to correctness in every particular. A may be able to 
solve a difficult problem in mathematics; B can not do this, 
but B can make a plow upon true mechanical principles which 
A can not; if C can do both, C must be superior to A or B;" 
but all mankind are in the situation of A or B, as possessing 
only partial knowledge. We should all, therefore, be indul- 
gent to each others deficiencies. Still, my superior in gen- 
eral knowledge and learning, may be the dupe of a weak 
prejudice, without justifying an impeachment of either. "I 
have a brother-in-law" he would look askant at Colonel lycwis 
when getting off this kind of fillip, "of whose cleverness and 
general knowledge I have a very high opinion, yet in politics 
we are quite opposite. We indeed worship different idols, 
and the only superiority I can pretend to claim over him is, 
that I can bear for him to adore his idol, even in mj- pres- 
ence, and yet keep my temper — a compliment he can not al- 
ways repay." 

"Fudge!" exclaimed the Colonel, jumping to his feet and 
walking hastily to and fro across the room, "I may warm with 
the subject, but as to being offended with you it is out of the 
question. I never have and never will so far forget myself." 



"Come, come, be seated," Mr. PeJ-ton would rejoin, giv- 
ing him a friendly tap on the shoulder. "Let me proceed. 
Of conrse you will not think I wish to depreciate the value of 
truth and reason, I only wish to urge that the seeming want 
of them in others may be deceptions, and should not be the 
cause of contempt, acrimony or ridicule. All are enamoured 
with even the shadow of truth, and should see the substance, 
if in their power, but placed in a variety of lights and shades, 
some can onl}'^ see the shadow, and mistake it for the sub- 
stance." Thus their fraternal discussions proceeded and ter- 
minated in the discomfiture of Col. Lewis, who though a 
clever man, an eloquent talker, full of confidence, and abun- 
dance of zeal, was no such logician as Mr. Peyton, and left 
not the slightest pain rankling in his bosom. 

"Now, William," said Mr. Peyton, "I cannot flatter my- 
self that I shall convince you of any errors, which, in nn- 
opinion, you have been guilty of in this respect. That is no 
reason, however, why I should not attempt to make yoia en- 
tertain a disbelief of all foolish impossibilities. For example, 
there is the fallacious science of astrology — it has been the 
game of a few designers in all ages, for sordid interest, to have 
duped others and been duped themselves. In ancient times 
they were, in Alexandria, compelled to pay a certain tax. 
which was called the 'Fool's Tax,' because it was raised on 
the gain that these impostors made from the foolish credulity 
of those who believed in their powers of soothsaying. Well 
may believers in this science be called 'fools,' when they do 
not seem to consider that if the principles of judiciar\- astrol- 
ogy were correct, and its rules certain, the hands of the Al- 
mighty would-be tied, and ours would be tied also. All our 
actions, all our^most'secret thoughts, all our slightest move- 
ments: wouldlbe engraven in the heavens in ineffaceal)lechar- 



acters, and liberty of conduct would be entirely taken away 
from us. We should be necessitated to evil as to good, since 
we should do absolutely what was written in the conjectured 
register of the stars, otherwise there would be falsehood in 
the book, and uncertainty in the science of the astrologer. 
How we should laugh at a man who thought of settling a 
serious matter of business by a throw of the dice. Yet the 
decision of astrology is just as uncertain. Our fate depends 
upon places, persons, times, circumstances, our own will; not 
upon the fantastical conjunctions inspired by charlatans. 

"vSuppose two men are born on our planet, at the same 
hour and on the same spot. One becomes a hewer of wood 
and a drawer of water, and the other an emperor, or a com- 
mander-in-chief of an army. Ask an astrologer the cause of 
the difference. In all probability he will reply, 'It was so 
willed by Jupiter.' 

Pray what is this Jupiter? Why it is a planet, a body 
without cognizance, that acts only by its influence. How 
comes it then that Jupiter's influence acts at the same mo- 
ment and in the same climate in so different a manner? How 
can that influence differ in its power? How can it t.ake place 
at all? How can it penetrate the vast extent of space? An 
atom — the most minute molecule of matter would stop it, or 
turn it from its course, or diminish its power. Are the stars 
always exercising an influence, or do they exercise it onl}- on 
certain occasions? If they exercise an influence onl}- peri- 
odically, when the particles which, it is intended, are de- 
tached from them, are moving to our sphere, the astrologer 
must know the precise time of their arrival in order to decide 
rightly upon their effect. If on the other hand, the influences 
are perpetual, with what wonderful speed they must rush 
through the vast extent of space! How marvelous too must 



(55 

be the alliance they form with those vivacious passions which 
originate the principal actions of our lives! For if the stars 
regulate all our feelings and all our proceedings, their influ- 
ence must work with the same rapiditj- as our wills, since it 
is bv them our will is determined. 



HIS RELIGIOUS BELIEF. 

Mr. Peyton was a firm believer in the doctrines of chris- 
trianity, and the experience of his life was that true happi- 
ness is only found in the observance of her precepts. He 
held that man must have some religion and the most perfect 
•was that handed by Christ to his Apostles. He did not at- 
tach great importance to sects, and when asked whether he 
was a Catholic, Presbyterian or Episcopalian, answered that 
be did not find such words in the Testament — he was merely 
.a christian; he believed in what was revealed to us in the 
Bible and submitted himself with humility to the Almighty 
power. He was brought up in the Episcopalian church and 
died a member of it. 



MR. PEYTON'S ORIGINALITY AND POWER OK ILLUSTRATION. 

"I recall a conversation," says one ot Mr. P.'s biogra- 
phers, "just after a protracted term of the. Augusta Circuit 
Court, in which the late Judge Lucas P. Thompson and Gen. 
B. G. Baldwin bore the leading parts. Gen. B. was paying 
generous tribute to Mr. Peyton's force and originality-. Judge 
Thompson remarked in substance, that he had never seen 
Mr. Peyton go through a cause deepl}" interesting and mov- 
ing him, in which he did not utter -.some view or sentiment 
illuminated by genius, or at the least, some illustration 



m 

marked by a bold originality; and he instanced two causes, 
tried at the last term — one a civil suit and a very heavy will 
case, in which he made a novel and scorching application of 
a familiar fable of ^f^sop. I forbear to give its details, be- 
cause both the critic and his subject have passed from eartlu 

"In the same cause three signatures were to be identified 
and proved — that of the testator and also of the attending 
witnesses — all three having died since their attestation. 
Many witnesses were called to prove the genvaineness of. the 
three names. ' Opposing counsel sought to badger the wit- 
nesses by urging them to specify what peculiar marks there 
were in the handwriting and signatures, whereby they could 
speak so positively as to their identity and genuineness. This 
of course for the most part they could not do, and in the ar- 
gument of the cause before the jurj- the same counsel strove 
to throw discredit and contempt upon those witnesses (all 
men of good character) for their failure and inability so to 
describe the quality and peculiar marks in the caligraph}- of 
the signers as to show they were familiar with their hand- 
writing. In his reply to those sallies of his opponents, Mr. 
Peyton swept away the whole airy fabric by a single happy 
illustration: 

"Gentlemen, he said, "You have often been nssemhled 
in crowds on some public or festive occasion. Your hats 
have been thrown pell-mell in a mass with per- 
haps a hundred other hats, all having a general resem- 
blance. Suppose you had attempted to describe vour hat 
to a friend or servant, so that he might go and pick it 
out for you. It has as many points for accurate descrip- 
tion as a written signature — its color, height of crown, 
width of brim, its band, lining, &c. Do you think that 
friend or servant could by any possibility have picked out 



(i7 

your hat for you? And yet when you went yourself, the 
moment your eye would light upon it, you instantly re- 
cognize it amongst a hundred. Familiarity with it has 
stamped its picture on your mind and the moment you 
see it, the hat tills and hts the picture on your mind as 
perfectly as the same hat tits your head." 

The jury were evidently won, and gave full credence to 
the ridiculed witnesses. 

The other instance during the same term (cited by Judge 
Thompson) occurred in the celebrated prosecution of Naaman 
Roberts for forgery — in forging the name of Col. Adam Dick- 
inson to a bond for six hundred dollars. 

The body of the bond was confessedly the handwriting 
of the prisoner at the bar. That was admitted. The signa- 
ture was a tolerably successful attempt at imitating the pe- 
culiar handwriting of Adam Dickinson. But no expert could 
look at the whole paper and fail to see a general resemblance 
between the body of the instrument and the signature, raising 
a strong conviction in the mind that both proceeded from the 
same hand. 

The defense strongly insisted upon excluding the body 
of the instrument from the view of the witness, by covering 
it with paper, or turning it down, and so confining the view 
to the signature only— upon the familiar doctrine of the law 
of evidence forbidding a comparison of various hand-writings 
of the party, as a ground for an opinion upon the identity or 
genuineness of the disputed writing. And this point was 
ably and elaborately argued by the prisoner's counsel. 

The learned prosecutor met it thus: 

''Gentlemen this is one entire instrument, not two or 
more brought into comparison. Let me ask each one of 
you, ^vhen vou meet your friend, or when vou meet a 



stranger, in seeking- to identity him, wiiat do you look at? 
Not his nose, though that is the most prominent feature 
of the human face; not at his mouth, his chin, his cheek; 
no, you look him straight in the eye, so aptly called the 
•window of the soul.' You look him in the eye, but at 
the same time you see his whole face. Now^ put a mask 
on that face, leaving only the eyes visible, as the learned 
counsel would have you mask the face of this bond, leav- 
ing to vour view only the fatal signature. 

"'If the human face so masked was the face of your 
bosom friend, could you for a moment identify him, even 
though permitted to look in at those 'windows of the 
soul?' No; he would be as strange to you as this ac- 
cursed bond has ever been strange to that worthy gentle- 
man. Colonel Adam Dickinson, but a glance at whose 
face traces the guilty authorship direct to the prisoner at 
the bar.'' 

This striking illustration seemed to thrill the whole au- 
dience as it virtually carried the jury. 



MR. PEYTON DECLINES A JUDGESHIP. 



In 1824-5, Mr. Peyton received a highly complimentary 
letter from the late Col. S. McD. Moore, of Lexington, then a 
delegate to the Legislature from Rockbridge and attending 
the sessions in Richmond. The Colonel informed him that a 
caucus of members had been held on the subject of a judge- 
ship then vacant, or about to become so, and that Mr. Pey- 
ton's friends were so largely in the ascendancy that his nomi- 
nation by the caucus and election by the Assembl}' was cer- 
tain, if only he would declare his willingness to accept the 



position. The caucus had adjourned over to await his repl}'. 
The Colonel went on to sa}- that he and two others had been 
deputed by the caucus with the agreeable duty of communi- 
cating with him, to ascertain his views as to the matter. We 
do not recollect what judgeship it was. but remember distinct- 
ly that Colonel Moore mentioned that in case of election, it 
w^ould lead to, or require (we know not which) Mr. Peyton's 
change of residence to Richmond. In this letter Col. Moore 
•on behalf of himself and his colleagues urged his friend 
to accept and presented many cogent reasons why he should 
do so. Proof against all importunities, Mr. Peyton politicly 
but firmlj' rejected these overtures and declined under any 
circumstances to allow his name to be used in connection with 
the ofhce. This circumstance is mentioned, not as an evi- 
dence of Mr. Peyton's indifference to preferment, which has 
sufficiently appeared, but to show the estimate in which he 
was held by the profession and to present, so far as possible, 
clearly and truthfully, the history of his life. 

There is an old Spanish proverb which says, "Tell me 
whom you live with, and I will tell you who you are." We 
can infer what manner of man he was from the fact that 
through life, he was held in the highest esteem by the enlight- 
ened men of the day. From the ranks of the virtuous and 
wise came his friends, and what a source of happiness it must 
have been to him. It has been well said: "There is no bless- 
ing of life that is in any way comparable to the enjoyment of 
a discreet and virtuous friend. It eases and unloads the mind, 
clears and improves the understanding, engenders thoughts 
and knowledge, animates virtue and good resolutions, soothes 
and allays the passions and finds enjoyment for most of the 
vacant hours of life." If this be true, and who can doubt it? 
how much greater the happiness to be blessed, not with one, 



70 

but with many friends, and those friends, themselves worthy 
of every honor and praise. The steadiness and devotion of his 
friends is worthy of mention in this connection, they never de- 
serted or betrayed him — on the contrary, through life, they 
gave him innumerable evidences of their appreciation. Some 
of his 5'outhful college friends, they were not simply compan- 
ions, among them Professor Comfort and the late John Yates, 
of Jefferson county, Virginia, visited him at Montgome- 
ry Hall, forty years after they parted at Princeton. And Mr. 
P's papers disclosed a correspondence with numerous others, 
such as John Sergeant, Joseph R. Ingersoll, Richard Rush, 
William Gaston, J. M. Berrien, of Georga, and others of 
his earlier friends, all of whom became prominent men. 

For clearness of thought, force of reasoning and states- 
manlike views on all questions of moment he had no superior, 
and such was his sense of justice and his impartiality, his 
powers of judicial analysis and insight, or the judicial char- 
acter of his mind, that we have often heard the most gifted 
of his contemporaries regret that he had never sat upon the 
Justice Seat, where in their opinion, he would have equaled, 
if he did not surpass, the greatest judges who had adorned 
the bench of Virginia. 



Notwithstanding his refusal to stand as a candidate for a 
Judgeship, he was voted for, in the General Assembly of Vir- 
ginia in 1831-32, and came within a few votes of election. 
The result gave him satisfaction, for had he been chosen, he 
must have resigned, as unceremoniously as he was elected. 
He always explained to his supporters that he could not give 
up his extensive and lucrative practice, on account of his 
large and expensive family, for a poorly paid judgeship — and 



besides he preferred the active and exciting life of a lawyer, 
to that of a judge, or in a word, the bar to the bench. 



MR. PEYTON'S LETTER ON THE CONVENTION OF 

1829-30. 



For several j^ears previous to 1829, rhe question of call- 
ing a Convention to form a new Constitution for Virginia was 
agitated. There was a kind of political fermentation on the 
subject of innovation, with many persons, a strong desire 
to up-root the laws under which the State had so long pros- 
pered, and make a new experiment in government. The Ul- 
tras objected to the freehold basis of representation and de- 
manded the white basis, or manhood suffrage, they opposed 
a judiciar}' elected for good behavior and demanded the elec- 
tion of judges at short intervals, by a popular vote. They 
objected to various other conservative provisions of the Con- 
stitution of 1776. Party spirit infused itself in all discussions 
and no small excitement was created in the public mind — as 
a result of the agitation on the subject. A convention, though 
opposed by the wisest men in the State, was finally ordered, 
and persons nominated for election were called upon to give 
their opinions through the newspapers, on the various ques- 
tions which would come before it. 

Among those asked for their views was Mr. Peyton, who 
published in the Staunton papers a long and able letter, in 
which he opposed the white basis; the election of judges by 
a popular vote and for a term of ^^ears; and advocated their 
election during good behavion, by the Legislature. He ad- 
vised the retention, generally, of the conservative features of 
the old Constitution, and while he admitted that a few chang- 



72 

es might be made with advantage, warned the people against 
tampering with the laws, the currency and the peculiar insti- 
tutions of the South. He added that he had voted against 
calling a Convention, believing that the Constitution of 1776, 
was better than any the people were likely to get from a new 
Convention; in a word, he bade them bear the "ills they had 
rather than fly to others they knew not of. ' ' 

The letter was so conservative in character and so con- 
clusive of the points at issue, that it was thought it would 
have gone a long way towards preventing the call of a con- 
vention, had it been published earlier. As it was, it onlj' 
made the friends of organic change, more determined. They 
were bent on giving form and substance to their dreams, their 
passions were up and they would be satisfied with nothing 
else. 

Some of the most advanced enthusiasts advocated, what 
are styled "women's rights," their right to vote; to serve on 
juaie, to hold office and the like — others were opposed to al- 
lowing a man to enjoy the fruits of his industry, and favored 
dividing out his income when it had reached a certain sum; 
no doubt some would have liked the principal divided also, oth- 
ers favored free inquiry, if any one knows what this means in 
a country where investigation and thought are as free as the 
air we breathe; free religion, which was supposed to have 
been settled bj^ Mason's act of 1776, legalizing all forms of 
worship, commonly called the act of religious freedom, free 
morals and opinions, and it is not unlikely there were others 
who favored free love as a means of squelching out polygamy. 
One of the most notorious and eccentric of these social reform- 
ers, was Fanny Wright, not, however, a native or resident of 
Virginia; and it was said, with what truth we know not, that 
the sum of her teachings amounted to this, that any man who 



7;j 

donned a whole coat and a clean shirt was an aristocrat and 
ought to be put down. 

These misguided people sought to break the force of his 
views by a loud outcry, saying he was an old Bourbon, en- 
tirely behind the age, a praiser of times past, like Nestor in 
the Illiad; who wished the laws of Virginia to remain un- 
changed and as unchangeable as were those of the Medes and 
Persians, and would have it so if left alone. A looker-on 
would have supposed this enlightened man and moderate con- 
servative, from this kind of ultra nonsense, as extreme in his 
policy as the notorious lyord John Manners, a man of phleg- 
matical repulsiveness of manners, who in admiration of his 
class, once exclaimed, with idiotic fatuity: 

"Let wealth and commerce, laws and learning die 
But leave us still our old nobilit}-." 

The loss of Mr. Peyton's letter cannot be too much re- 
gretted. If reviewed the whole history of the Judiciary pre- 
vious to and from the time of William III., when by act 
of Parliament the Judges were to hold office during good be- 
havior, up to a later act of one of the George's, providing 
that their commissions were not to cease by demise of the 
Crown, and down to his day. He argued earnestly also, iii 
favor of an independent judiciary, this question arousing his 
deepest interest, and showed up the curse of a venial and cor- 
rupt one, having in its unsafe keeping the lives, reputation 
and property of the people. He entered also, into an elab- 
orate discussion of the question of popular representation, the 
first instance of which, it was stated, occurred in Aragon in 
the twelfth century, &c., and discussing the basis of repre- 
sentation, expressed himself, in case the freehold basis was 
discarded, as in favor of the mixed basis, taking into account 
both population and prosperity. 



74 

The letter breathed a really liberal and enlightened spirit 
hi politics and religion, and made him the idol of the liberal 
conservatives. The extremist were, however, antagonized bj- 
it, and in their rage and disappointment, set to work to mar, 
if not destroy, his influence. While distorting and misrep- 
resenting him and his opinions, they had the "cheek," to 
say, they did it "more in sorrow, than in anger." 

Not at all disturbed by the hurly-burly, he laughed hear- 
tily at their nonsense, and said that these ' ^- .^enthusiasts in 
their efforts to emancipate man socially, morally, politically 
and otherwise from all the ills of lite, were innovators run- 
ning after something they would never reach, as the hind 
wheel of the carriage which is in constant pursuit of the 
fore one without ever overtaking it. And when he got a chance 
at one of the Ring Bosses, and he sometimes cornered one, he 
handled him after such a fashion, that the Boss never wished 
to see him again. To these Bosses distance ever afterwards, 
lent enchantment to the view, of this man of relentless logic, 
keen irony and withering sarcasm. Many of these socalled 
Reformers aimed at nothing worse than their own advance- 
ment. 

From the foregoing synopsis of Mr. Peyton's letter it is 
evident, if he did not say so, that, in his opinion, love of va- 
riet}^ and change, a desire to subvert the existing state of 
things, indicated both weakness and ignorance; that it is 
not the strong-minded and right thinking who desire to cut 
loose from the past, its traditions and customs and its endear- 
ing associations, but the stupid, whose wild and dangerous 
projects carried out, would, however, unconsciously to them- 
selves, give us poverty in lieu of prosperity-, licence instead 
of liberty. 



MRS. ANNE PEYTON. 



HER REMOVAL TO AUGUSTA COUNTY. 



During the year of 1829, Mrs. Anne Peyton, the widow 
of John R. Peyton, the hero boy of '76, and mother of John 
H. Peyton, broke up her establishment at Stony Hill and re- 
moved to Stauuton. Some years before, namely on February 
ist 1826, her son, Rowze Peyton, was married to a second 
wife, Eliza Murra}', daughter of John B. Murray, a citizen of 
New York Cit}', but a native of England. His Northern 
bride did not find plantation life congenial to her tastes and 
induced her husband to leave Virginia. After a brief sojourn 
in New York Cit}', Mr. and Mrs. Peyton removed to Geneva, 
N. Y., where the}- long lived and both died, leaving a large 
and interesting family, now connected by marriage with many 
of the leading families of the Empire State — such as the Sew- 
ards, the Cuttings, Spensers, deZengs, Wilmerdings, Rath- 
burns and others. 

The venerable and respected mother of John H. Peyton 
was affectionateh' invited by her son and his wife, as soon as 
they heard of her intention to leave Stony Hill, to make her 
home at Montgomery' Hall, which she decided to do. Mr. 
Pej'ton had built immediatel}', for her exclusive use, a com- 
fortable brick residence in the grounds of and near the man- 



7(> 

sion. Here she took up her residence in the summer of 1829,, 
and in that snug abode, she spent in singular ease and tran- 
quility the rest of her life. At this time Mrs. J. R. Peyton 
was of large and striking person, dignified and graceful in 
manners. She was over 70 years of age, dressed in black, 
with a high-crowned white muslin cap and frill, a cap in the 
style of what is now known as the Martha Washington cap,, 
and she looked at first sight eminently neat, precise and state- 
ly. She was in fine physical preservation and her mind and 
memory unimpaired. She was very accessible and companion- 
able, she liked to see her friends and to chat, and her conver- 
sation was always full of thought and poetry. • Her acquaint- 
ance with and knowledge of the leading Southerners of the pre 
and Revolutionary era was extensive, and she possessed a large 
fund of information on social, literary, and political topics. 
This and her anecdotes, racy and amusing, caused her society to 
be courted by such men as Gen. Baldwin, Daniel Sheffey, 
and Chapman Johnson. Her parlor was the center of attrac- 
tion and the 1 allying point of the family. Her grandchil- 
dren especially gathered round her chair, and listened with 
infantile delight, to her graphic acccunts of the war, of the 
officers and soldiers, of their hairbreath escapes, of the battles,. 
&c., and atthateariy day became familiar with the names of the 
Washingtons, Masons, Conways, Fitzhughs, Lees, Scotts, 
Marshalls, Moncures, Daniels, Greene's, and other prominent 
people of the Northern Neck, and all more or less connected 
with the bloody drama of the war. 

At the premature death of her husband, when only 45 
years of age, she was left with the heavy responsibility ot a 
large and helpless family, and an extensive plantation and 
many slaves. Had she possessed less character and spirit, less 
force and ability, she must have been prostrated. The disaster^ 



77 

however, seemed to call forth her strength, and gave such firm- 
ness and elevation to her character, that her friends and neigh- 
bors were filled with admiration and delight. This excellent 
woman, who had been during the prosperous period of her 
husband's life, all weakness and dependence, now displayed 
heroic qualities, showed herself equal to the trying position 
in which she was placed, displaying a mental force and firm- 
ness truly astonishing, — every difficulty was overcome, everj- 
obstacle put aside. She entered on her new career sober- 
ly and seriousl}', devoted herself to the education of her chil- 
dren and the management of their property. The children 
were taught to think justly of themselves and kindly of oth- 
ers. She aimed to store their minds with useful information 
and to form their moral and religious characters — thus giving 
them correct, practical ideas and good habits. Religion was 
the basis of her teachings and her children went into 
the world with just notions of human life, prepared if pros- 
perity smiled upon them, to receive it with humble gratitude, 
and if calamity supervened to endure it with dignified pa- 
tience. A kind Providence prolonged her life to see them a 
joy and a comfort to herself, and an honor to Virginia. She 
governed and directed the afiairs of her estate with such skill 
and discretion that Old Stony Hill* put on a new face, show- 

STONY HILL. 
*NoTE. — It may not be uninteresting to mention that the Ston}- 
Hill mansion was an old red brick building erected in the 17th centu- 
ry, with a wide hall and Grecian portico, commanding an extensive 
and beautiful view of Aquia creek and the Potomac river. The dwel- 
ling had grown to be a large and rambling domicile under the addi- 
tions of four generations of the Peyton's, and all of them improving 
men. This fine old colonial house was demolished during the first 
year of the Civil-war, 1861-62, by Federal troops, on the spurious pre- 
text that it was a necessity to have at once material for baking ovens. 
The old red bricks of this stately home, brought from England, as 
ballast in sailing vessels sent out to fetch back tobacco to Bristol, were 



78 

ed successful husbandry and yielded abundant crops — so much 
so, that the casual observer even could not fail to see that 
both white and black, there enjoyed prosperity and content. 
Greatly attached to this old family seat, where she had lived 
a half century, nothing but the marriage of her six children 
and their departure for new homes of their own, could have 
torn her from it. But when her only remaining son, Rowze. 
who had married a New York lady, mentioned his purpose of 
leaving Virginia and settling in New York, she quickly made 
up her mind to accept the invitation of her favorite son, John 
Howe, and to end her days at Montgomery Hall. 

Mrs. Anne Peyton was a woman of worth, thoroughly 
honest, sincere and straightforward, with a fund of practical 
common sense. Her conversational powers were of no ordin- 
ary kind. A sincere, devout and humble Christian, a good 
wife, devoted mother, kind and sympathetic friend, she was 
in all respects a remarkable person. While it does not come 
within our scope to here enter at length into her life and char- 
acter, it is right and due to her memory, that reference should 
be made to her exalted piety. So domestic, unobtrusive, and 
retired was her plantation life, that her name is little more than 
an echo in the age in which she lived, and might scarcely be 
even that, if it had not been kept somewhat in mind by the 
fame of her distinguished son. A considerable part of her 
time, after she fixed her residence at Montgomery Hall, was 
spent in the seclusion of her apartments, and much of every 



used to erect many ovens in which bread was baked for the invading 
northern army. 

When John Peyton lived at Stony Hill the estate consisted of 1900 
acres of fine land, and as far as the writer knows, still does. It is 
owned and occupied in 1S94, by Mr. Moncure, a son of the late Presi- 
dent of the Virginia Court of Appeals, Judge R. C. L. Moncure, whose 
widow still lives, and is a descendent of John Peyton. 



7!> 

day was given to meditation and prayer. She left behind 
many voluminous manuscript books, in which she had copied 
the Psalms, the Proverbs, and Ecclesiastes, and many striking 
passages from other parts of Holy Writ, and containing many 
prayers, (original and quoted,) and ejalulations, suited to va- 
rious occasions. These were of the following character, 
which will give an idea of the whole: "Supply, Oh Lord, the 
wants of a heart which knows not even how to lay them open 
before thee, which does not so much as think of doing it, 
and which too often shuts out the light and consolation of 
which it stands in need." And — 

"These, O Jesus, are the things I ask. Intercede for me, 
that I maybe truly sensible of the diseases that I labor under, 
and thankfully embrace the means which thy goodness has 
ordained for my recovery. Grant that the end of all my ac- 
tions and designs may be the glory of God. Enable me to 
resist all the sinful appetites of my carnal nature. Grant 
that I may hunger and thirst after righteousness" &c,, &c. 

These MS. books contained also evidence that she prayed 
often, fervently and importunately, and that like Anna, she 
served God with fastings and prayers night and day. Luke 
ch. 2, V 37. She was never, however, "rash with her mouth," 
heeding. Eccl., ch. 5, v 2. On the contrary, her words 
were few and innocent of those vain repetitions against which 
our Saviour warns us in Matthew, ch. 6. v 7. 



AFRICAN COLONIZATION. 



He advocated the colon i/.ation of our African population 
in Liberia and was one of the managers of the Augusta Coun- 



so 

ty Colonization Society, founded in 1831-32 to promote this 
end. 

The managers submitted to the Society their annual 
report on the 21st of April, 1832, the following extract from 
which will show the object and purposes of the Society: 

"Concerning the colony of Liberia, we have no informa- 
tion to communicate but such as the public prints have given 
from time to time, to all who wished to know what was going 
on at that interesting establishment. The sum of this 
information is, that the colony, gradually advancing in num- 
bers, advances also in every branch of improvement and 
prosperity. We believe that in the whole history of colo- 
nization, there has never been an instance elsewhere of so 
cheering a degree of success from a similar amount of means 
and exertions. Divine Providence has evidently smiled upon 
the enterprise, and encouraged its friends to prosecute it with 
untiring perseverance. 

Shall we close this paper here? A feeling which we as- 
suredly know to be no other than a sincere regard for the 
honor and welfare of our country, prompts us to offer to the 
society some additional reflections. 

It was never expected by any man of sense that the vol- 
untary association of which we form an humble part, would 
be able to effect, by its own very limited energies, any sensi- 
ble diminutive of the large and pernicious mass of our colored 
population. But we did hope to evince the practicability 
of acquiring an extensive and fertile territory in a suitable 
climate and of removing our negroes to it and setting them 
in it, with fair prospects of their becoming a respectable and 
happy nation; and thus to pioneer the way for delivering this 
otherwise favored land of ours from a burden, the sorest that 
ever afflicted any people under heaven. And this hope, 



81 
thanks be to God, we are permitted to see realized. The 
colon}- exists and flourishes. It remains that the legislative 
authorities of these Southern States, invigorated by the 
attainable and powerful aid of the Federal Union, take this 
business under their efficient patronage. And surely the 
period is now emphatically come for putting into action on 
this momentous subject our utmost talents and our utmost 
resources. After ages already lost in supineness, shall we 
still waste our precious time in disquisitions, as needless as 
they are unreconcilable with our boasted republican charac- 
ter, on what we call the right of property in our slave; while 
the deadly evil which we all profess to deplore, is gaining 
ground upon us with gigantic strides every year and every 
hour. We say needless disquisitions; for such they appear 
to us to be. Let liberal means be provided for removing far 
away those unfortunate beings amongst us whom we denomi- 
nate free blacks, together with those slaves who shall be vol- 
untarily manumitted for the purpose of removal. On this 
single condition, we are satisfied that there will be no neces- 
sity to interfere in a compulsory way with any man's right of 
property in his slaves. Public sentiment, incessantly acquir- 
ing expansion and strength will much better achieve the 
glorious consumation . 

But suppose this to be a visionary picture. Suppose that 
yet greater sacrifices shall be found indispensable. What 
then? Shall we shrink from the making of those sacrifices 
for the salvation of our native land, the loveliest and the choi- 
cest of all lands? Shall we tamely sit still, and see Virginia 
despoiled of much of her strength by unexampled emigration 
to other regions, and by this means ripening the more speed- 
ily as a harvest for the scythe of the assassin. Shall we, af- 
ter all that we have seen and heard within nine months past, 



82 

persist in the slumber and indolence of infatuation? Or shall' 
we soon arise in all our zeal, and all our united strength, to 
devise and to pursue the measures by which alone such a tre- 
mendous issue ma^' be arrested, and our country rendered truly 
prosperous and happy? How these questions are to be an- 
swered by facts, time must discover, and God only, who is. 
omniscient, can certainly foresee. For our part, though we 
deeply lament that the equally able and eloquent discussion 
which recently took place on this most important topic in the 
hall of our legislature was suffered to float away into the air, 
yielding no practical results; yet we think we ought not to 
abandon the cause of liberating our beloved country from the 
abominations and the curse of slavery, in utter despair. A 
better day may be about to down upon us. Perhaps the dis- 
cussion to which we have referred, itself a wondrous phenom-^ 
enon in Virginia, may not die away as a fruitless expenditure 
of feeling and genius. And in the meanwhile, let us contin- 
ue our labors for the improvement of the Colony, that it may 
become a more capacious, and in every way convenient re- 
ceptacle for drawing off, when the good season for the exten- 
ed operations shall arrive, the pestilential nuisance of our Af- 
rican population. 

The prominent men of that period associated with Mr. Pey- 
ton in this good work were Rev. Conrad Speece, Joseph Cowan,. 
vSamuel Clarke, John McCue, George Eskridge, Charles A. 
Stuart and others. 



RETIRES FROM THE BAR AND IS ELECTED TO 
THE SENATE. 



Mr. Peyton determined some years before he was 60 



S:5 

years of age, to retire from the bar when he reached that 
time of his life, and did so. After he was sixty he took no 
new cases, only in one case making an excepion to this rule 
in favor of an old and valued friend, who earnestly implored 
and begged for his services. He gave them to this friend and 
lost the case in the circuit superior court of Augusta, but was so 
well satisfied that the case was erroneously decided that he 
took an appeal, and after Mr. Peyton's death the decision of 
the lower court was reversed and thus his client ultimately 
gained his cause. Atter he reached, the age of 60 he only 
attended his office and the courts to wind up his business. 

His friends knowing his purpose to give up the bar 
determined, if possible, to secure his services in the vSenate. 
He was solicited on all sides to go to the Senate, and the follow- 
ing letter appeared in the Lexington and Staunton papers: 

"To the Voters of the Senatorial District of Rockbridge 
and Augusta: 

Fellow-Citizens — 

The next session of the Legislature w'ill be the most 
important which has occurred for many years past. The 
criminal laws of the Commonwealth are all to be revised, the 
subject of education is to be thoroughly considered, and the 
great schemes of internal improvement are to be brought 
forward and vigorously pressed by their respective friends. 
Under these circumstances it is particularly important that 
this District should be ably represented in the Senate of 
Virginia, the body that must supervise and give the finish- 
ing touches to the Legislation on all three subjects. Rock- 
bridge and Augusta, long famed for their morality and good 
order, have a deep interest in having the system of fixed 
laws brought to the highest state of perfection. They 



84 

have their primary schools, the academies and colleges all 
requiring an able champion and enlightened patron, and 
they have their respective schemes of improvement: the 
James River canal, the extension of the Ivouisa railroad and 
continuation of the macadamized turnpike from Staunton to 
Buchanan, demanding the support of a powerful intellect and 
matured experience. 

In looking around for a suitable representative of the 
District, the eyes of everyone seem attracted to John H. 
Pevton. Esq., of Augusta, as the man. He is a gentleman 
of distinguished ability and unblemished integrity. He has 
lono- been known to Virginia as the ablest criminal lawyer 
in her borders, and hence he is peculiary qualified to discharge 
the duties incident to the revision of those laws. His gen- 
eral attainments and enlightened views of, and on all subjects 
qualify him in a high degree to aid in constructing a system 
of public education which shall diffuse the genial rays of 
knowledge through all classes of society, and he has evinced 
his deep interest in the success of the James river improve- 
ment by the most substantial of all proofs— the investment of 
large sums of money in its work. 

Mr. Peyton now holds several lucrative offices and he is 
in the enjoyment of an extensive and extremely profitable 
law^ practice, but it is understood that he is willing to relin- 
quish them all if his fellow-citizens should require his servi- 
ces in the Senate. It is a subject of congratulation to the 
district that such is the fact, and I cannot Ix^lieve that the 
district will hesitate for a moment to avail itself of the servi- 
ces of so distinguished an individual. It would be a subject 
of just pride to our district to send such a man to the Senate. 
He would tower head and shoulders above any other man in 
that body, and the impress of his talents and learning would 



^5 

be permanently visible upon the statute books of Virginia. 
I^et the voters of the district then, go forward as one man, and 
record their votes for John H. Peyton. Let them recollect 
that it is a duty which they owe their country to select the 
man who, from his talents and acquirements, is best suited to 
discharge the duties of the station. When in the manage- 
ment of his private affairs, it becomes necessary to employ an 
agent or an attorney, thej'' alwaj^s seek the man best qualified, 
and upon the same principle, when the}' are are about to 
choose an agent not only for themselves but for their country 
and posterity, (for in the administration affairs we are trustees 
for posterity ) they should elect the man who is able to render 
the most efficient services to the public. 

The office of Senator is at all times an important one; but 
under present circumstances, there is a peculiar propriety in 
selecting the strongest man, for it is universally conceded that 
there is a woeful deficiency of talent in the Senate. The elec- 
tion of Mr. Peyton would therefore be hailed with satisfac- 
tion by the whole State; and he would be from our district, 
the Senator of Rockbridge and Augusta. — Lexington Gazette 
and Spectator, May 2, 1839. ^ Voter. 



MR. PEYTON'S LETTER CONSENTING TO RUN FOR 
THE SENATE. HIS POLlTICx\L SENTIMENTS. 

To the voters of the. Senatorial district composed of the 
counties of Rockbridge and Augusta. 

Fellow-Citizens: 

Having authorized my name to be placed before 3'ou as a 
candidate to represent you in the Senate of \^irginia, I deem 



86 

it a duty I owe alike to you and myself to make a plain and 
distinct avowal of my political sentiments. 

Though it is true that a member of the Senate of Vir- 
ginia, has little to do with Federal politics, and may not du- 
ring his whole term of service be called upon to express a 
single opinion upon them, yet, in a representative republic it 
is not only proper that the political sentiments af a candidate 
should be distinctly understood, but it is equally proper that 
he should possess political sentiments congenial with those of 
his constituants. 

Under this impression, the following brief statement is 
made. 

I came into public life about the period of the election of 
James Madison as President of the United States.* I served 
as a member of the House of Delegates of Virginia the two 
sessions of 1808-9, 1809-10. I was a friend to the election of 
Mr. Madison and a warm and zealous advocate of the meas- 
ures of his administration. 

Among the measures to which I gave my hearty support 
was the establishment of the late Bank of the United States. 
Since that period I have not mingled in politics. As a citi- 
zen, however, I approved generally of the administration ot 
James Monroe, and was opposed to the election of his succes- 
sor, John Quincy Adams. 

I advocated the election of Andrew Jackson, and sup- 
ported most of the measures of his administration during ^his 
first term. I also voted reluctantly for his re-election, I dis- 
approved of his veto to the bill to recharter the Bank of the 
United States, and the ad captandiim arguments used by 
him to justify the measure. I attributed the act then, how- 



*FooT Note. — Mr. Madison was elected President in 1809 and re- 
elected in 181 -J. 



87 

ever, more to the feelings created by theparticular time when 
Congress passed the bill — it being just previous to his second 
election, than to any settled hostilit}' on his part to a United 
States Bank. 

Shortly after his re-lection, he commenced a train 
of measures to which I was utterly opposed; measures 
of a novel and alarming character, and which in their origin 
and subsequent developments, brought distress and embar- 
rassment upon the banks, upon the country at large, and es- 
pecially upon all our great commercial interests. I allude to 
his wild, violent and undigested schemes of finance — com- 
mencing with his pet Bank system and ending with his order 
in council, the Specie circular. 

This warfare upon the Bank of the United States, the 
currency and the commerce of the nation, reduced us in 1837 
to the degradation of witnessing a general suspension of 
specie payments by the banks. 

These acts connected with the corrupting system ot party 
discipline introduced by that administration with the view of 
compelling private judgement to succumb to the behests of 
party, completely separated me from the administration of 
Andrew Jackson. 

His successor who pledged himself in advance "to follow 
in the footsteps of his predecessor," and who has gone a bow- 
shot beyond him in obstinately pressing upon a free and in- 
telligent people: his thrice rejected scheme of a sub-treasury 
— to him and his measures I have always been strenuously 
opposed . 

Upon those subjects which fall more legitimately within 
the scope of the duties of a \'irginia State Senator — in ad- 
vancing and promoting the great cause of internal improve- 
ment, and in the diffusion of light and knowledge among our 



88 

people, and in the general objects of legislation, my interest 
is identified with yours. 

Finally, occupying the relation I now do, fellow citizens, 
towards you, by no procurement of my own, but having been 
pressed into it by the solicitation of friencs; I have thought it 
right thus briefly, but at the same time explicitly, to state 
my political views. I have felt this duty the more impera- 
tive — because having been once a supporter of General Jack- 
son's administration, and no public occasion having since 
occurred, except at the polls, to make my subsequent opin- 
ions known were I silent some might cast their votes in this 
election under a misapprehension of my sentiments. Whilst, 
then, I would regard an election to the Senate of Virginia as a 
flattering proof of your confidence — I could not but regard 
that confidence misplaced and valueless, were it bestowed b_v 
the people without knowing where and how I stand." 

JOHN H. PEYTON. 
Spectator, May 9, 1859.'] 

He was duly elected and took his seat at the next ses- 
sion of the Senate. 



MORE OED LETTERS. 



For want of a better place, the following bundle of old 
letters, running in date from October, 1823, to April, 1839, 
are here given. They possess a peculiar interest to the chil- 
dren of Mr. Peyton, unimportant as they are, since the}^ ex- 
hibit, the domestic side of his character : are p^ges in the 
history of the family and it has been well said that, "Every 
family is a history in itself and even a poem to those who 
know how to search its pages." * 



S!) 
JOHN H. PEYTON TO HIS WIFE. 

Charlottesville, Oct., 9th, 1823. 
My Dear Wife : 

It is now Thursday morning, and we are not yet through 
with the trial of the first criminal, and there are three others 
waiting trial. When we will finish with them I cannot un- 
dertake to say. 

I have employed as overseer for my farm near Staunton, 
a relative of my present overseer, who bears the same name. 
As you seem so partial to your county man, old O' Sullivan, 
I will send him to ni}' farm on Jackson river. Don't expect 
me till you see me, for it is impossible to sslj when I can 
return — the Judge thinks of holding a court next week. If 
so I will write you. 

Keep everyone busy preparing winter clothing for the 
negroes — send for the overseer and tell him that it is my par- 
ticular wish that he should; as soon as the seeding is finished, 
plough the large field around Sinaugh's house. Tell him to 
have the wheat threshed out. Adieu. Kiss little Susan for 
me, and believe me 

Your affectionate husband, 

John H. Peyton. 

P. S. — Mi.ss Nicholson is here and well. 



SAMIC TO SAME. 

Harrisonburg, Feb. iS, 1824. 
My Dear Ann: 

I was exceedingly gratified to get your affectionate letter 
of the i6th inst., written in that calm spirit of fortitude and 
resignation which convinces me that you take a right view of 
our late misfortune (supposed to be the loss of a child). I was 



90 

fearful until I received your letter that you would be uneasy 
at my detention here, and am delighted that you are acquir- 
ing patience and learning to submit with composure to the in- 
evitable. When you have learnt well these practical lessons 
you will be much better prepared to encounter the trials and 
disappointments of life, and nothing is truer than that all man- 
kind must and will experience calamities. When we are pros- 
perous we should always look for a reverse of fortune, and 
when we are in adversity we should recollect that it is the 
common lot of humanity. No one ever yet enjoyed uninter- 
rupted happiness, and those who have most nearly approached 
it, are the sober, the virtuous, and industrious. The indo- 
lent are always unhappy and nearly always vicious. If you 
wish to be happy attend to the duties of your household — 
these will give you exercise and exercise will insure you 
health of body and mind. When the mistress takes an in- 
terest in domestic affairs — see's that the servants do their du- 
ty, that the house is neat and in order: that regular hours are 
kept by all, in a word, when good house wifery prevails, it 
affords more real happiness to the well regulated mind of the 
mistress than any, or all of the so-called fashionable amuse- 
ments of the gay world. Such a house wife cannot fail to be 
loved at home and respected abroad. 

No one is exempt from trouble, mental or phyical, and 
the weight of both may seem at times bearing you to the 
ground, but take heart and the sum of your enjoyment will 
always outweigh your troubles. The Almighty in his infi- 
nite wisdom, mercy and goodness, has so constituted our 
minds, that past pleasures and enjoyments can always be viv- 
idly recalled to our recollection, past sufferings with difficul- 
ty, and seldom in detail. I would advise you to attempt by 
-all means to divert your attention from your own person and 



91 

surroundings, to other objects. The providence of God has 
surrounded us with objects of improving distraction, by which 
we may be led to think of Him. The same hand that strews 
pleasures in your way, has left no situation, however painful 
or disagreeable, where an antidote to your distress has not 
been placed within reach. You must, however, rouse your- 
self and seek for it. We constantly meet persons who com- 
plain that everything goes wrong with them, while with 
another "whatsoever he doeth prospers." This striking dif- 
ference is generally to be accounted for, not by the doctrine 
of chances, but by a reference to the temper and character of 
the respective parties. Imprudence, or ill temper, for in- 
stance, will either mar the success of any project, or present 
it in a distorted and unfavorable aspect. 

It must not be forgotten that this advice comes from 
your best friend, from one who has had large experience and 
who has made the springs of human action much his study. 

What a field of rational enjoyment is opening before you 
in little Susan. You can watch the shooting idea, can re- 
strain any exhuberance, instil in her right principles, make 
her reverence virtue, detest vice. It is astonishing how soon 
good principles may be made to take root, and bad ones be erad- 
icated. Never tell her, or suffer others to tell her she is 
beautiful. If she is so she will find it out too soon. Teach 
her to place her claims to distinction upon good sense, good 
principles, modesty, delicacy, affectionate deportment to her 
parents — respectful behavior to all. Let her respect herself 
and respect others. Then she will be in the widest and best 
sense a lady. It is astonishing how early in life the temper 
of children begins to be formed, and consequently how soon 
that important part of the business of education, which con- 
sists in the training of the mind to habits of discipline and 



92 

submission, may be commenced. "1 wish very much to con- 
sult 3'ou about the education of my little girl," said a lady 
some years since to a friend, "who is now just three years 
old." "Madam," replied the friend, "you are at least two 
years late in applying to me on the subject." Lose no time 
in instilling the principles of unhesitating obedience and thus 
lay the foundation of paternal authority, while teaching your 
children self-control, self-denial, and how to gain a mastery 
over their passions. Warn her of the trials and difficulties 
which more or less come to us all, but especially to the care- 
less and indifferent. 

The suit in which I am engaged will probably- be spun 
out till Friday evening. I will endeavor in this case to be 
with you the next day. 

With sincerity of affection, your husband, 

John H. Peyton. 



SAME TO SAME. 

Lewisburg, June 7th, 1824. 
My dear Ann : 

Baldwin and myself arrived here the third day after we 
left Staunton, in good health. We passed Captain Massie's 
on Monday and regretted to find both Mrs. Massie and the 
Captain indisposed. Sarah and the rest of the family were 
well. Susan has a fine daughter, but has been .so unfortun- 
ate as to take the milk fever. She was, however, better of 
it, and I hope by the time I return will be entirely welL 
General Breckenridge and family and Woodville and family 
are here and in their usual health. Colonel Andrew and Capt, 
John Lewis are also here. 



ij:! 

I hope to leave on Thursday next — on Friday shall stop 
at my farm, surveying the land I have entered, and on Satur- 
day leave on my return to Staunton, if nothing happens to 
prevent it — on Sunday evening I hope to be with my beloved 
wife and child — send at once to Maupin (the overseer) and 
direct him to detail hands to work the vegetable garden. 

We were all invited to dine to-day with lycwis Stuart, 
but his wife was taken ill last night and the invitations were 
recalled. It was a disappointment, but as the daj^ is exceed- 
ingly warm I think we have lost nothing. The Colonel has 
not been at Captain Massie's yet, and I think Sarah looks a 
little dejected. No news of William I,ewis as 5^et. The sale 
I expect will be postponed until August.* 

Present Woodville affectionately to Lynn and Benjamin. 
He unites with me in love to 3'ou and little Susan. 

I am, with anxious desire to be with my dear Ann, 
Your affectionate husband, 

John H. Peyton. 



The "little stranger" mentioned in the following letter 
is the present Col. John Lewis Peyton, the eldest son by the 
second marriage of Mr. Peyton. Business engagements 
making it impossible for Mr. P. to be in Staunton at the birth, 
intelligence was sent him of the event by his favorite man 
servant, Ben Potter, who rode on horseback to Lexington 
during the night. 

Lexington, i6th September, [824. 
My De£ir Ann : 

Ben Potter arrived this morning bringing the glad 

*This refers to the sale of the personal property of Colonel John 
Lewis, Mrs. Peyton's father. 



y4 

tidings that you had presented me with a fine son, and that 
3'ou and the infant were as well as could be expected. P'or 
this I feel grateful, and I regret that I could not have been 
with you in the hour of tribulation — everything, however, 
happens for the best. I am engaged in a cause of importance, 
the evidence in which was closed this evening. The argu- 
ment takes place tomorrow, after which I will leave here and 
try to reach Colonel McDowell's on my way home. If noth- 
ing unusual occurs, I will reach home on Saturday' evening, 
in the meantime take good care of \-ourself and the bab}-. Be 
particular not to expose yourself and take cold. Present me 
affectionately to my good friends, Mrs. Baldwin and Mrs. Wil- 
liamson, and tell them I shall not forget their kind and friendly 
attentions to you. Mr. and Mrs. Woodville have not yet ar- 
rived — I presume they are detained by bad weather. 

Direct Ben, on his return, to open a cask of wine for the 
entertainment of 5'our friends. Ben is careful and may be 
trusted. Give my love to the family, and kiss the little stran- 
g'er for me. 

Your affectionate husband. 

John H. Peyton. 



SAME TO SAME. 

Warm Springs, April 3, 1823. 
My Dear Wife: 

I had Just got off my horse from Pocahontas when the post 

going to Staunton arrived. I delayed it long enough to put 

in this note for you.* The Judge and myself have fared very 

well among the people of Pocahontas and arrived here safely 

and in good health, the snow, rough weather and bad roads 

*The mail was then carried on horseback, and the postoffice was 
in the office of the tavern. 



to the contrary notwithstanding. I have barely time to tell 
you this and to say that my anxiety to see you, my children, 
my sister and brother was never greater. 

I have made money on the circuit, enough to pay every 
debt. 

In great haste, but as ever your affectionate husband, 

John H. Peyton. 



SAME TO SAME, 

Charlottesville, Oct. nth, 1826. 

My Dear Ann: 

I stayed at Mr. Diver's (Farmingtcn) on the night of the 
day we parted, and on the next morning about ro o'clock 
reached here. 

Monday evening I spent at Mr. Kelley'sin company with 
Mr. and Mrs. Cochran, Mr. and Mrs. Hatch, Mr. and Mrs. 
Gilmer. Lynn is living in a sedate, pious, gentle family, and 
is surrounded by everj^ comfort, and has an affectionate, good 
husband, who appears to be doing a good paying business) as 
a merchant). 

Our court business progresses slowly, so that I do not ex- 
pect to get off before Saturday or Sunday. 

If Mr. Cochran (G. M.) has not obtained the bacon I or- 
dered from Mr. Hogg, you must keep up the supply on the 
farm from the market, and by now and again killing a mutton. 
In great haste, your affectionate husband, 

John H. Peyton. 



9i> 

SAME TO SAME. 

Callaghau's Tavern, Nov. 4th, 1827. 
Aly Dear Ann: 

I am informed b}- Judge Ta3-lor that my sister, Lucy 
Green, of Kentucky, arrived a few da3'S since in Montgomery 
county on a visit to my late brother's family, ( Capt. Garnett 
Peyton's.) She is on her way to see my mother at Ston}- 
Hill, and will not, of course, pass us without a visit. 
Though she is impatient to get on, do not let her go until I 
return, for nothing could give more pleasure than to see her. 

I missed seeing the wedding party at Capt. Massie's, 
{marriage of John Hamden Pleasants to Capt. M.'s daughter 
Mar)'.) They had gone to Fincastle on a visit to the \A"ood- 
ville's. They intend pa3'ing us a visit on their return. 
Woodville is with me and well. 

Present me affectionately to the children and make m}^ 
kind regards to Mrs. Talfair. 

Sincerely your affeelionate husband, 

John H. Peyton. 



SAME TO sa:me. 

I 

Richmond, January 19th, 1828. 

yiy Dear Ann: 

I had intended to leave here this morning, but the 
weather would not admit of it. It has been raining the 
whole daj^ I think the weather will admit of my continu- 
ing nn- journe}' tomorrow, for though I have been treated 
'with great-hospitality since my arrival, I had rather be at 
home with my dear wife and children than an3'where on 
earth. 



1)7 

Mar}' Green, of Kentuck}-, is here, and isan affectionate, 
good girl. She appears to be sincereh- attached to 3-011, and 
says she had a great deal rather be at Montgomery Hall 
with Aunt Ann, than in Richmond, with all its fashion and 
gaiet}'. Bernard has given me two dining parties since we 
have been here. We were also invited to dine at Johnson's, 
(Chapman,) but could not attend, owing to a previous en- 
gagement at Leigh's, (B. W. Leigh's.) I was obliged also 
to decline dining at Dr. Brockenbrough's for the same reason, 
and I have, for the same reason, had to decline the invitation 
to dine with Mr. Daniel. One day I dined with Gen. Sam'l 
H. Lewis at Duval's; on another, with the Triplett's; on 
another day was invited to dine b}^ all the members of the 
Legislature at the Bell Tavern, and did so. Man}- distin- 
guished strangers were present. On another occasion, I dined, 
by invitation, with all the members of our party. We have 
been well, with the exception of a cold I caught attending a 
book auction. I am, however, getting the better of it, and 
hope by the time I reach Stafford to be well. My stay in 
Stafford will be short, I shall stop with sister Lynn ( Coch- 
ran) on my return. Cochran has a ver}' snug, cosy estab- 
lishment. I have purchased a lot of nice things for you; had 
them boxed and sent to Bernard's (Gen. Bernard Peyton's) 
commission house to be forwarded home b}- the first convey- 
ance, with a number of law and miscellaneous books bought 
here. I am fearful these articles will not reach Staunton 
soon, as the condition of the roads is at present wretched. 

I must conclude with the hope that I will receive a letter 
from 3-ou in' Stafford. 

Amanda, (Mrs. General Bernard Peyton) and all send 
their best respects and regards to you. 

Kiss my little cherubs for me, and believe me, as ever 
yoiir affectionate husband, John H. Pevton. 



98 

SAME TO SAME. 
Stony Hill, Stafford, Feb, 24, 1828. 
My dear Ann: 

I had the happiness to receive your letter of the 19th 
upon my arrival here, which gives me great pleasure indeed. 
My detention in Richmond will prevent my return home as 
soon as I expected. On Saturday next I expect to leave here. 
Rowze's wife has a fine daughter, [The present Mrs. T. R. 
Spenser, of Geneva, N. Y.] was born the day before our ar- 
rival. My mother, lyucy. Miss Gallager and Rowze all send 
their love to you. 

Yor.r affectionate husband, 

John H. Peyton. 



1828. 
Warm Springs. 14th March, 1828. 
My Beloved Wife : 

The day I left you I reached Colonel McDowell's, (near 
Fairfield, Rockbridge county,) where I spent the night in the 
agreeable society of the family and my dear old aunt. On 
the next day about 12 o'clock, I arrived in Lexington and 
dined with Mr. Taylor.* I spent the evening and night with 
James McDowell, Jr. t Next day I settled my business 
in court, spent the afternoon and night with Taylor, and in 
the morning set out for Jackson River, and on Friday reached 

*Hon. James Tajlor, M. C. for this district and an old and inti^ 
mate friend of Mr. Peyton, who served with Major Peyton in the arni}- 
durinj< the war of 1812-15 and whose friendship was continued up and 
the time of Mr. Peyton's death in 1S47. 

t Subsequently M. C. for this district and Governor of Virginia — 
Governor ^IcDowell and Mrs. Taylor were both first cousins of Mrs^ 
Peyton. 



!J9 

Captain Massie's, having crossed the mountain by McGraw's 
gap, and after an hour's delay proceeded to my farm where I 
lodged. Captain Massie and his son, Henry, dined with me 
next day, and the same evening my son William arrived from 
Pocahontas. He remained with me until Sunday when we 
went to Captain Massie's to dinner. After dinner William 
proceeded to the Hot Springs and I returned to the farm. 

On Monday I rode to Alexander Paris', the old Morris 
tavern, to dinner, and thence to William McClintic's, where 
I remained all night. On Tuesday, I rode out in the rain to 
the Warm Springs, When I arrived the water streaming from 
my neck, arms, cuffs, and my body was wet to the skin, a warm 
bath, change of clothing, a good dish of roast beef by a blazing 
fire, washed down with a bottle of rum negus soon warmed me 
to life and spirits. Since then I have been busily occupied in 
court until this evening. Tomorrow I leave for the Supreme 
court of Pendleton and expect to arrive there b}- Tuesday 
evening. It distressed me to see my learned brethren of the bar 
returning to their families when I was doomed to another 
week's absence. But my wife will love me the more for this 
privation, when she recollects that both duty and interest 
demand the sacrifice. I found all well at the farm, all lazy 
and happy, all idle and contented. I did not disturb them, 
left them to enjoy life in their own way. I hope sister Sarah 
and cousin Susan Preston will remain with you until I 
get back — nothing affords me more gratification in my 
unavoidable absence on the circuit than the thought that j'ou 
are happily consoled by the society of your friends. 

Tell Ben to lose no time with the work of gardening and 
to transplant from the old garden near the stone spring house 
the currant and raspberry bushes. 

Tell Dempster to keep the wagons busy getting out the 



100 

manure, and to see that George and Dick are constantly en- 
gaged in rail-splitting — the fences need repairing. Give my 
love to Sarah Lewis and Susan Preston, to my little chicks, 
Susan, John and Ann. 

As ever, ni}- dear Ann, your affectionate husband, 

John H. Peyton. 



SAME TO SAME. 

Lewisburg, June 17th, 1828. 
My dear wife: 

I spent Tuesday and Wednesday after we parted at the 
Warm Springs. On Thursda}-, Mayse, Terrell, and Grattan 
dined with me at my plantation on Jackson's river — the same 
evening we rode to Callaghan's Tavern and on Friday reach- 
ed this place. I have a beautiful crop of corn on Jackson's 
river, and indeed, the crops of all kinds look promising and 
the negroes are healthy, contented and happy. I am in good 
health and closely occupied in court. Woodville has not yet 
arrived, he is detained in the courts of Botetourt and Monroe, 
I expect him in a day or two — Col. Andrew Lewis and Capt. 
John Lewis are both here attending the court. How do my 
little children come on? I suppose Susan is attending her 
school regularl}' and that John with his innocent and lively 
prattle, and Ann keeo up their mother's spirits. How does 
Demster get on securing the haj- crop? Tell him to have 
the cradles prepared for the harvest. Have your wool packed 
and sent to Ben. Crawford's store with directions to forward 
it to Barr's to be carded. By doing so the rolls will be ready 
to be spun as .soon as the women can be spared from the har- 
vest field. 

Isaac Bowyer has arrived here and tells me that the com- 
misssoners appbinted to assign Mrs. Mary B. Lewis her dow- 



101 

er in Dr. Lewises lands at the Sweet Springs, have set oft' to 
her 204 acres out of the land of your brother William, in- 
cluding the meadow^ and brick house. Your old neighbor, 
Susan Bowyer, near the Sweet Springs, is dead — the rest of 
your old friends and neighbors are well . 

Tell Mrs. Baldwin that her husband [Judge Briscoe Bald- 
win] is in good health and spirits. He had the ill luck to 
have his gig broken to pieces on the road to the Warm 
Springs — one of the shafts of the sulky broke, this alarmed 
the horse — Baldwin perceived it and leaped from the gig, the 
horse then ran off with the gig at his heels and broke it in a 
dozen pieces. He had a bottle of old wine rolled up in the 
foot-board and though the board was kicked to atoms the bot- 
tle was not broken. Was there ever such luck! We went on 
to Miller's where we recounted our misfortunes over the wine 
which prevented undue depression of spirits. The horse was 
uninjured and procuring a saddle, Baldwin mounted the re- 
claimed steed who was dripping wet, his e^^es dull and his 
whole sountenance dejected, and we jogged on very pleasant- 
ly, cheered by the Madeira and the reflection that things 
were not so bad as the}'' might have been. 

When I write again I will be able to give you more infor- 
mation of our friends. In the meantime be of good cheer and 
believe me, 

Your affectionate husband. 



S-\ME TO SAME. 

Warm Springs, March 13th, 1829. 
My dear Ann: 

I have business at the Superior Court of Pendleton, which 

I cannot well postpone, or I would return directly home. My 



102 

stay at Pendleton, however, will be short. As usual on first 
leaving home in the spring I have taken cold. There is a 
great difference between the log cabins of these mountains 
and the substantial and comfortable houses of Augusta. For 
example, it snowed last night and when I waked this morn- 
ing my bed was covered with snow which beat in through the 
window — ^^the floor was nearly covered also, the snow coming 
in under the door. At this inclement season a journey to 
Pendleton can't be styled a pleasure trip. 

William has been here during the court and leaves today 
for Botetourt. He appears to be in pretty good health. 

Tell Mrs. Telfair I stopped at the Wilderness (General 
Blackburn's) on my way out and found all well — many affec- 
tionate inquiries were made about her. Keep up your spir- 
its — when you look at Susan, John and Ann it ought to. 
satisfy you with my absence. 

Yours affectionately, 

John H. Peyton. 



SAME TO SAME. 

Lewisburg, Nov. i8, 1830. 
My Dear Ann: 

After your return home, I remained several days at the 
Warm Springs, and after court rose, went with William, 
Sam'l McD. Moore, (subsequently M. C.,) and Alexander P. 
Eskridge, son-in-law of Judge Allen Taylor and brother-in- 
law of William Madison Peyton, to the Hot Springs, where 
we found Sally and the children, (the wife and children of 
Wm. M, Peyton,) and were hospitably and elegantly enter- 
tained. They all made mBny friendly enquiries after you» 



103 

sister Sarah and Thomas.* On Frida}- I went to my planta- 
tion and procurred of Mann a deed to the Miil and the land 
in the Falling Spring Valley. Saturday I reached Calla- 
ghan's, and thence took the stage to this place, after sending 
my horse back to the farm to remain till my return, a fort- 
night hence. Woodville arrived on yesterday and reports 
his wife better. As soon as he gets back to Fincastle, they 
intend making us a visit, as he will be detained some time in 
Staunton attending the Chancery Court. From Staunton he 
wili go to Culpeper on a visit to his father. Tell Thomas to 
stick closely to his studies, particularly Arithmetic and Alge- 
bra. The overseer should secure the corn crop and cart out 
the manure. Tell him to thresh fifty bushels of rye and 
send it to Major Summer's distillery, to be made Into whis- 
key. 

I hope Susan and John are diligently employed at school, 
and that the rest of our small frj^ are doing well. 

The mildness of the season has presented my feeling any 
inconvenience from having no woolen shirts. Woodville 
joins me in love to yourself and the children, to Sarah and 
Thomas. 

Your affectionate husband, 

John H. Peyton, 



SAME TO SAME. 

Lexington, Va., Sept. 19th, 1834. 
My Dear Ann : 

On the day I left home I reached here in good time, but 

*The late Major Thomas Preston Lewis, the youngest son of Ma- 
jor John Lewis, of the Sweet Springs, a man of many noble traits of 
character, who died unmarried in Augusta county in 1877, deeply re- 
gretted. 



104 

by some misadventnre took a cold which has kept me cough- 
ing ever since. The heat of the weather and my heavy cloth- 
ing has caused a reaction and I hope soon to be myself again. 

I found Col. Benton and his family* at James McDowell's, 
and spent some time with them very pleasantly — they will 
pay us a visit in October. I am stopping as usiial at 
Taylor's, they are so pressing in their invitations and will ad- 
mit of no excuses that I have fallen into the habit of making 
their house my home while here. 

Mr. Poindexter is in Lexington, and will marry to-day 
the widow Lewis. The wedding is to be private, and the 
happy pair will leave immediately in their barouche for East- 
ern Virginia. 

James McDowell and wife have just gone to a meeting 
of the Preston family in Abingdon with a view to the adjust- 
ment of your grandfather and grandmother's estates, and 
though your mother will not be represented in this meeting 
her claim, while the claims of others is adjusted, cannot be 
overlooked. I hope therefore, when they return to hear 
something satisfactory. Nath'l Hart, of Kentucky, has been 
chiefly instrumental, I understand, in bringing about thi.s 
meeting. Write me on Monday addressed to the Warm 
Springs and let me hear how you all are. Give my love to 
my mother and the children. 

I am your affectionate husband. 

John H. Peyton. 



*Hon. Thomas H. Benton, U. S. Senator for Missouri, and author 
of ''Thirty Years' View; or, a liistory of the woi'king- of the 
American Government for thirty years, from 1S20 to 78-'iO." Colo- 
nel Benton married Miss McDowell, a sister of Governor James Mc- 
Dowell, a cousin of Mrs. J. H. Peyton. 



1W5 

samp: to same. 

Norfolk, Dec. 19, 1835. 
My dear wife: 

Whilst Susan and Miss Robinson, who accompanied her 
from Richmond, are drinktng tea at Mr. lyoyal's,* under the 
care of Mr. Valentine, I take the pen to scribble 30U a few 
lines. On Wednesday we came down the river from Rich- 
mond in the Steamer Patrick Henry, with all Gen. Black- 
burn's emancipated slaves and their luggage on board, On 
the next day I delivered them to the agent of the Coloniza- 
tion Society and paid their passage to Liberia. On Friday 
the girls took tea at Mr. Smith's. The evening before they 
spent at Mr. Robertson's. Today we visited Old Point, 
making the trip in the steamer, Old Dominion. After visit- 
ing the fortifications, which I had not seen since 18 14, with 
Col. Bankhead and Capt. Washington we dined at the Hotel 
and returned in the evening. Tomorrow we shall go to hear 
my old friend, Bishop Meade, preach. On Monday we ex- 
pect to visit the navy yard, Gosport and the dry dock, and 
on Tuesday return by the Patrick Henry. Both vSusan and 
myself are in good health. 

My stay in Richmond will be brief I never wished more 

to be at home. The people everywhere are very kind and 

hospitable; my friends are attached and attentive in different 

ways, but I do not enjov my trip, because I am away from 

those most dear to my heart. I derive more pleasure from 

an evening in the midst of my family than any to be derived 

from travel. I love the society of my own family, of John, 

clinging to my knees, Ann, Mary, Lucy, the girls singing 

abed. "'No man can tell,'' says Jeremy Taylor, "but he that 

*Mr. Loyal was the father of Mrs. Admijal Farragut — the gallant 
Admiaal so much distinguished during the war. 



loves his children, how many delicious accents make a man's 
heart dance in the pretty conversation of these dear pledges; 
their childishness, their stammering, their little angers, their 
innocence, their imperfections, their necessities, are so many 
emanations of ioy and comfort to him that delights in their 
person and society." I may misquote, as I quote from mem- 
ory, but if the words are wrong, the ideas are right. 

I have exchanged with Mr. Valentine, Mai vina for a man 
cook, named Smith, about i8 years of age. He is a good 
tempered, quick and efficient general servant, and though 
young, already skillful as a cook; and is anxious to go to the 
sipper country, as he suffers with chills and fever here. He 
will be of much service on the return trip, as I have a lot of 
packages containing articles of furniture, mantle ornaments, 
books, clothing, &c., to be looked after. I would have left 
this miserable place sooner, but the steam boats run but twice 
a week. I console myself with the hope that Susan is enjoy- 
ing and profiting by the excursion. I long to be with you. 
I am, as ever, 

Your affectionate husband, 

John H. Peyton. 



SAME TO SAME. 

Lewisburg, July 14th, 1857. 
Aly dear Ann : 

I arrived here on yesterday in time for the court, but the 
business is dela3'ed by the failure of Johnson and Baldwin to 
appear. Thej^ are expected tomorrow. I hope yo\i are spend- 
ing your time pleasantly, making Miss Herring's visit agree- 
able. Tell Susan it is my particular wish that she should 
write me frequentl}^ and at as great length as her engagements 



107 

will admit of. She is young and thoughtless and requires the 
counsels and advice of her father, which I will take much 
pleasure in giving her in letters, where it will be more perma- 
nent than if merely spoken. She is at an age when her acts 
and sayings are the subject of observation and comment, 
hence she cannot be too circumspect— next to the conscious- 
ness of. acting right, the public voice should be regarded, and 
we should endeavor, by a prudent behavior, even in trifling 
matters, to secure it in our favor. 

I hope my dear wife that you will also write me often. 
Mr. Rodgers, the stage driver, will take charge and safely de- 
liver to me any letters j^ou maj^ wish to send. 

Have you made the acquaintance yet of Dr. and Mrs. 
Nelson. You will find them agreeable and pleasant ac- 
quaintances — they are very intimate with Bernard's family. 
Have you visited your pretty little farm near the Springs. If 
not, go to see it, and let me know what j^ou think of the 
property.* 

Judge Fr3', who married a daughter of Parson McElha- 
ney, will be at the Sweet next w^eek. They are worthy peo- 
ple and I will be glad if you can call on them. I think j-ou 
will like them. The good parson has long •• been one 
of my most particular friends, and I want you to be civil to 
his daughter. 

Excuse this hasty scrawl. My engagements do not ad- 
mit of my saying more than that I send affectionate regards 
to Ben, Tom, sister Caroline and all the kith and kin about 
3-ou. 

I hope those agreeable New Yorkers — the Clarkes, are 

*This was a farm of 350 acres lying in the Sweet Spring Valley, 
inherited by Mrs. Peyton from her father, and in 1894 is owned by her 
nephew, Dr. J. Lewis Woodville. 



lOs 

still at the Springs. The society of people of so much infor- 
mation and intelligence who have traveled abroad, is really 
improving. 

Your affectionate husband, 

John H. Peyton. 
Mrs. John H. Peyton, Sweet Springs. 



SAME TO SAME. 

Lexington, Va., April 20th, 1839. 
Aly Dear Ann: 

I have only time to write you a few lines to advise you 
of my safe arrival in good health at Lexington, where our 
friends and connections are all well. Tell Aunt Towles I 
have met her grandson, John Dabney, who recognized her 
son Thomas as he rode up to Taylor's. Taj-lor 
invited Mr. Dabney 's family and John to take tea with us on 
yesterday evening, and to-day we are to dine with the Dab- 
neys'. I am much pleased with Mrs. Dabney and her sister^ 
Mrs. Price, and more so with John Dabney, who strikes me 
as a superior young ma^. Taylor is expecting his son^ 
Dr. James Taylor, from Philadelphia, every day, where he 
has successfully concluded his medical studies. Their daugh- 
ter Susan, who has been spending the winter in Alexandria,, 
is also expected home in a few days.* They wish to give 
them a royal reception, and wish our daughter Susan to come 
up for the merry making. Mrs. Taylor says if she will do so 
she will send her to the Natural Bridge, &c. I have told 
her I knew you would not part with Susan at this time, but I 
thought it probable you would allow her to spend a week 

* Susan Taylor married some years subsequently Hon. John B. 
Weller, M. C. from Ohio, and afterwards Governor of Califo'-nia. 



109 

with them in May, after my return from the courts. She was 
glad to hear this and said she would send her son Robert and 
John Dabney to Staunton to escort her at that time. 

Tell the overseer to take the calves off my grain, and let 
them run in the clover field back of the house — ^the grain is 
so far advanced now that the calves will injure it. I hope 
he has finished corn planting. Write me at the Warm Springs, 
either by Tom Michie or Wm. Frazier, telling me how the 
farming operations are going on, and how aunt Towles and 
our dear little children are. 

Aunt McDowell, who is here, sends her best love 
to you, Mrs. Towles and sister Green. Mrs. Taylor says if 
Susan will come to her in May, she will meet her relations, the 
McDowells, who will retnrn from Abingdon in April and be 
at home, and also Jane Preston, and other relatives who are 
coming with the McDowells, from Southwest Virginia for a 
visit to L,exington. I have time to say no more, as I am call- 
ed to court. 

Yours affectionately, 

John H. Peyton. 



The following extract from the Spectator possesses such 
interest that we make no apology for introducing it here: 

JEFFERSON, STUART, PEYTON. 



We have been much interested recently in reading the 
early historj- of the University of Virginia as developed in 
the unpublished letters of Jefferson and J. C. Cabell. One of 
the letters particularly struck us. It is from Mr. Jefferson 
to Mr, Cabell, and dated Monticello, May 13th, 1825, and 



110 

contains the vvarml}' expressed opinions of two of our former 
citizens as to the professional abilit}', general qualifications 
and high character of the late Judge Dade, who was urged 
by his friends as a suitable person to be made Professor of 
Law in the new institution. Judge Stuart and Hon. John 
Howe Peyton were on a visit to Monticello at the period 
when Jefferson was perplexed b}' the declension of this Pro- 
tessorship by Mr. Gilmer, and Mr. Jefferson gives the sub- 
stance of what Judge Stuart and Mr. Peyton said to him. 

The letter will be read with interest b}- all, but more 
particularly bj' those who remember Judge Stuart and Mr. 
Peyton, two of our famous men of the past, both of whom 
died full of years and honors, bequeathing fortunes and leav- 
ing families, which have inherited their genius. 

JEFFERSON'S LETTER. 

Dear Sir: — Every offer of our law chair has been de- 
clined, and a late renewal of pressure on Mr. Gilmer has 
proved him inflexibh* decided against undertaking it. What 
are we to do? The clamor is high for some appointment. 
We are informed, too, of many students who do not come 
because that school is not opened; and some now with us 
think of leaving us for the same reason. You may remem- 
ber that among those who were the subjects of conversation 
at our last meeting, Judge Dade was one; but the minds of 
the board were so much turned to two particular characters; 
that little was said of any others. An idea has got abroad, 
I know not from what source, that we have appointed Judge 
Dade and that he has accepted. This has spread extensively, 
perhaps from a general sense of his fitness, and I learn it has 
been received with much favor, and particular!)^ among the 
students of the University. I know no mere mj'self of Judge 



Ill 

Dade than what I saw of him at our Rockfish meeting, and 
a short visit he made me in returning from that place. As 
far as that opportunity enabled me to form an opinion, I cer- 
tainly thought very highly of the strength of his mind, and 
the soundness of his judgment. I happened to receive Mr. 
Gilmer's ultimate and peremptory refusal while Judge Stuart 
and Mr. Howe Peyton, of Staunton, w^ere with me. The 
former, you know, is his colleague on the bench of the Gen- 
eral Court; the latter has been more particularly intimate 
wdth him, as having been brought up with him at the same 
school. I asked from them information respecting Mr. Dade, 
and they spoke of him in terms of high commendation. 
They state him to be an excellent Latin and Greek scholar, 
of clear and sound ideas, lucid in communicating them, equal 
as a lawyer to any of the judiciary corps, and superior to all 
as a writer; and that his character is perfectly correct, his 
mind liberal and accammodating, yet firm and of sound Re- 
publican principles. 

****** 

This is the substance, and these, I may say, the terms in 
which they spoke of him, and when I consider the character 
ot these two gentlemen, and their opportunities of following 
what they attested, I could not but be strongly impressed. 
It happened very much to my gratification, that General 
Cocke was here at the same time, received the same informa- 
tion and impression, and authorizes me to add his concur- 
rence in proposing the appointment to our colleagues; and to 
say, moreover, that if on such further inquiry as they may 
make, they should approve the choice, and express it by let- 
ter, in reference to a meeting for a conference on this subject, 
I might write tc Judge Dade, and on his acceptance, issue 
his commission. I should add the gentlemen above named 



112 

were confident that he would accept, as well from other cir- 
cumstances, as from his having three sons to educate. Of 
course this would put an end to the anxieties we have all 
had on this subject. The public impatience over some ap- 
pointment to this school, renders desirable as early an an- 
swer as your convenience admits. Accept the assurance of 
my great esteem and respect. 

Th. Jefferson. 



MR. PEYTON'S WELCOME TO HENRY CLAY. 

In August, 1839, Henry Clay passed through vStauntou 
on his return from Washington to his Kentucky home. The 
people determined to give him a warm greeting. A meeting 
was held and arrangements were made for his reception, and 
John H. Peyton was selected to make a speech of welcome. 

A procession of gentlemen on horseback met the coach, 
in which Mr. Cla}- was travelling from Charlottesville, near 
Glendale, the present residence of George L. -Peyton, Esq., 
and escorted him to town. On arriving in front of the Eagle 
Hotel, now the Spectator office, Mr. Clay descended from the 
coach and was met by Mr. Peyton, who welcomed him in a 
handsome and appropriate address in wkich he referred to his 
long and distinguished public services, his championship of 
constitutional freedom and his patriotic labors on behalf of 
the best interests of the country and tendering him the warm 
hospitalities of the town during his stay.* 



*NoTE.— The late Wni. Frazier, who was present, informed us that 
it was the most felicious address he ever heard from one great man to 
another, and he greatly regretted that a stenographer had not been 
present to take it down. 



Mr. Clay, though laboring under a cold and great fatigue, 
replied in his usual happy manner. After entering the Ho- 
tel, and a short rest, he heid an informal reception, when the 
principal people of the town and neighborhood were present- 
ed. There was, of course, no time for conversation, but Mr. 
Clay made many facetious remarks to his admirers as thej^ 
passed one after another during the hand-shaking. 



CAMPAIGN OF 1840. 



In December, 1839, Mr. Peyton was a delegate to the 
National Whig Convention, which met at Harrisburg, Penn., 
to decide between the claims of several rival candidates for 
the Presidency. General Harrison, of Ohio, was nominated 
for the Presidency, and John Tyler, of Virginia, for Vice 
President. And immediatel)- afterwards the celebrated "log- 
cabin and hard cider' ' campaign commenced. Log cabins and 
hard cider became the party emblems, and both were features 
of all the political demonstrations of the canvass, which wit- 
nessed the introduction of the enormouss mass meetings 
and processions which have since become common in all Presi- 
dential elections. There was more clap-trap and less appeal 
to reason in this than in an}^ Presidential election in our his- 
tory. Harrison was chosen by a vote of 234 against an elec- 
toral vote for Van Buren of 60, and was inaugurated at Wash- 
ington March 4th, 1841. 



MR. PEYTON'S SPEECH IN THE CANVASS OF 1840. 
On his return to Virginia, such was his taste and so 



114 

pressing the nature of his private affairs, that he took little 
active part in the celebrated canvass. 

But upen the occasion of a grand mass meeting at Staun- 
ton on the 28th of October, 1840, he spoke in the Court 
House to a crowded audience of ladies and gentlemen, and 
made a magnificent speech, showing up the political lite and 
character of Martin Van Buren, his political tergiversations, 
intrigue, subserviency, treachery and heartless selfishness. 
It was like a prosecution of a prisoner at the bar, and per- 
sons who were present declared that they had never seen or 
heard anything like or to equal to it. 



MR. PEYTON'S SPEECH IN CHARLOTTESVILLE. 



Having much business to be settled Mr. Peyton attended 
the Autumn term, 1840, of the Superior court of Albemarle 
and was invited by the "Central Tippacanoe Club" to address 
the people. The "Charlottesville Advocate," edited by the 
talented Thomas Wood, a man who had few superiors in Vir- 
ginia as a writer, thus refers to it: 

"Mr. Peyton made one of the most felicitous efforts we 
have heard during this whole canvass. We shall not under- 
take to report his speech; we would do nim injustice by such 
an effort. We will say, however, that few speakers are bet- 
ter qualified to entertain and instruct the public mind in ref- 
erence to the great questions now agitating the country. He 
understands thoroughly the character of Martin \'anburen. 

He has watched him closely ever since he entered public 
life, in 1812, the opponent of James Madisou, and drew a most 
faith faithful picture of him from that time down to this. 



115 
Van himself, could he have heard Mr. P., would have been 
forced to admit, that a more exact likeness never was drawn. 
He traced him with much minuteness throughout his tortu- 
ous and slim}' career, and showed to the satisfaction of every 
man present, that he had been alternately the lickspittle and 
libeller of almost every man in the country. vSo in reference 
to almost every important queston which has agitated the 
country for the last 30 years. Martin had been found on both 
sides — and no man could tell what his principles were. Mr. 
P. ridiculed in a most inimitable manner, amid roars of laugh- 
ter from his audience, the claim set up by Van's Southern 
friends, that he "is a Northern man with Southern principles." 
Even were it true, Mr. P. contended that it did not elevate 
Martin in his estimation, for that if there were anj' one 
thing he abominated more than another, it was a Northern 
man with Southern principles or a Southern man with North- 
ern principles. He went for no such half- frog half-tadpole 
animal. 

Mr. P. laughed at the very idea of Martin Van Buren be- 
ing held up to the country as a Republican. He remembered 
well the part he took in the memorable contest between Mr. 
Madison and DeWitt Clinton. He was then leagued with 
the blue light Federalists, and his course ever since had been 
in utter disregard of the good old Republican doctrines of '98 
and '99." 



VISITOR TO WEST POINT. 



Sometime before, June, 1841, he was appointed a visitor 
to the United States Military Academy at West Point, and 
attended the meetings of the Board of Visitors, where he 



IIG 

SO impressed the Board, that he was selected write their 
report for that year, which he did. 

From West Point he visited his brother, Col. Rouze Pe}'- 
ton, at his home in Geneva, and in the company of the late 
Randolph Harrison, of Elk Island, James river. General Ber- 
nard Peyton, of Richmond, Colonel Hill Carter, of Shirley 
and others, and made a delightful excursion to Niagara Falls. 

At the next session of the Senate Mr. Peyton was a 
working member. He never discharged any duty in a per- 
functory manner, but as chairman of the committee on the 
Judiciar}^ labored zealously in behalf of reform in our laws. 



MR- PEYTON'S LETTER ON BEHALF OF THE BAR 
TO JUDGE TUCKER. 



In 1841, H.St. George Tucker resigned his position as 
a Judge of the Court of Appeals, in order to accept the posi- 
tion of Professor of Law in the University of Virginia. The 
following proceeding took place. A meeting of the bar as- 
sembled over which Mr. Peyton presided, and the meeting 
appointed him a committee of one to express their sentiments 
on the occasion which he did, and the Court adopted them as 
its sentiments and ordered them to be placed on record, as 
follows : 

Virginia: At a Court of Appeals held at Lewisburg on 
Thursday, the 5th day of August, 1841: 

Present: The Honorable Francis T". Brooke, William H. 
Cabell, Robert Standard and John I. Allen. The remaining 
members of the Court of Apbeals cordially concurring with 
the Bar in their sentiments expressed in their letter to the 
late President of the Court on his retiring from office, it is 



117 
•ordered that their letter and reply to it be put upon the re- 
cords of the Court: 

Dear Sir: 

At a late meeting of the Bar of the Court of Appeals at 
Lewisburg, assembled for the purpose of giving expression to 
the feelings occasioned by your retiring from the office of 
President of that Court, I had the honor to act as Chairman, 
and to be instructed by the meeting, with perfect unanimity, 
to communicate to you their sentiments of sincere regret and 
most kind and respectful regard. We know from observation 
the great responsibility, the arduous labor and high qualifica- 
tions required by the eminent station which you have so long 
and so ably filled. The talent, the learning and research dis- 
played in your judicial opinions are known to the country at 
large. But none can know and appreciate, so well as the of- 
ficers of your Court, the spirit in which your duties have been 
most promptly and unremitingly discharged. Your untiring 
application, unaffected zeal and exemplary fidelity, have won 
our humble applause; but our hearts have been touched by 
your uniform gentleness, kindness and courtesy of deport- 
ment, as w^ell in the hall of justice as in the private circle; 
and you take with you our regrets, not merely for the loss of 
the public officer, but of the delightful companion and friend. 
I have thus endeavored, though imperfectly, to express the 
sentiments of our public meeting, to which let me add the 
assurances of ni}- 

Great respect and regard, 

John H. Peyton. 
I^ewisburg, August i, 1841. 



lis 



NOMINATED FOR JUDGE TUCKER'S JUDGESHIP. 



There seems never to have been a time that people did 
not wish Mr. Peyton on the bench, and immediately after 
Judge Tucker's resignation, they began to nominate him, 
through the papers, for the vacant judgeship. He quickly 
put a stop to it, however, by declaring his entire unwilling- 
ness to take the office, not that he did not consider it an hon- 
or, but because at his then age, he was not willing to enter 
upon its onorous duties. We regret that among the beauti- 
ful tributes paid to him at this time, in the Richmond papers, 
we have not been able to get any than that which 
follows. 



JOHN H. PEYTON FOR THE COURT OF APPEALS. 

Sir:. 

It will doubtless be incumbent on the next Legislature to 
elect a Judge of the Court of Appeals (to fill the vacancy 
caused by the resignation of Judge Henry St. George Tuck- 
er). This is the Supreme Court of the State, whose decisions 
have the weight of law, and, therefore, it is of the highest im- 
portance that a profound lawyer should be elected. I propose 
for this place a man who has no superior as a sound reasoner, 
a profound lawyer and thinker, a good logician and a perse- 
vering worker; a man who possesses both genius and learn- 
ing, I allude to that able, dignified and learned Senator 
for Rockbridge and Augusta, John Howe Peyton, Esq. 
For many years Mr. Peyton has practised in the Courts of 



119 

Common Law and Chancer}', and in the Court of Appeals 
and no one has acquired a higher reputation as a Jurist. If 
elected, his decisions will command the respect of every able 
jurist and honest man in the State. 

It is not my wish to lessen the merits of others when I 
say Virginia has no better man, no abler lawyer, 

Allen. 

August 12, 1 84 1. 



The following very interesting reminiscenses are taken 
from the Spectator of 1891. They were written b}' one of 
the most intelligent and cultivated gentlemen of Augusta, 
who is still, in I894, living in the county. He wrote under 
the signature of "Senex." The opening sentences of Mr. 
Michie's speeh constitute in themselves a splendid biographj' 
of Mr. Peyton : 

AN INTERESTING REMINISCENCE OF JOHN H. 
PEYTON AND THOMAS J. MICHIE. 



At the November term, 1843, of the Circuit Superior 
Court, Staunton, a case which had excited great public inter- 
est, in which the late Hon. John H- Peyton was one of the 
parties was tried. It had reference to a change in the He- 
bron Church road through Montgomery Hall, on the lands of 
Mr. Peyton. Some time before a portion of the public road 
running entirely through these lands was closed by order of 
the County Court upon Mr. Peyton's motion, and another 
road established — the same road now, in 1894, in use. The 
closing of the road gave great offense to a neighborhood com- 
monly called the North Mountain neighborhood. Upon their 



120 

petition at a subsequent term of the County Court the 
order obtained by Mr. Peyton was, during his absence in the 
Senate at Richmond, rescinded, thus le-establishing the road 
which had been closed at his instance. From this decision 
Mr. Peyton shortly afterwards appealed to the Circuit Court, 
then the appellate tribunal in such cases. Before the case came 
on for trial there was an excited controversy in the newspaper 
in regard to the whole matter in which it was freelj- charged 
that the order of Court obtained by Mr. Peyton was in the 
nature of a purchase and sale of the public rights in the road. 
When the case came up for argument before Lucas B. 
Thompson, the excitement among the friends ot the parties 
was intense, the Court-house w^as crowded to overflowing, 
principally by the people of the North Mountain neighbor- 
hood. 

For Mr. Peyton two of the most prominent members of 
the Staunton bar appeared, Thomas J. Michie and Hugh W. 
Sheffey; the other side was represented by A. H. H. Stuart 
and David Fultz. 

The opening argument for Mr. Peyton was delivered by 
Mr. Sheffey, the junior counsel. He made a strong legal 
argument, closely fcllowing the racord and confining himself 
strictly to the merits of the case. He w^as followed by 
Messrs. Stuart and Fultz, who maintained the 
very remarkable proposition that the order of the County 
Court obtained by Mr. Peyton was an invasion and violation 
ol the public rights, which could be redressed in no other 
way than by annulling that order at a subsequent term of 
the County Court as had actually been done, and unless this 
last proceeding could be sustained, they contended that their 
clients would be the victims of a w-rong for which they would 
be absolutely without remedy. In some of their remarks 



121 

they were understood by Mr. Michie to assail Mr. Peyton 
personally. The Court adjourned until the next morning, 
when the excitement was greater and the crowd larger, 

In the opening of his remarks the next day, Mr. Michie, 
who was evidently much excitod, said: "/ regret the course 
which the counsel on the other side have pursued in going 
out of the record to assail my client — a man who has 
served his country with distinguished ability in various 
civil positions in time of peace, who has honorably and 
gallantly served and sacrificed his property for his coun- 
try in time of war — a man whose honor and integrity 
have never been impeached in this or any other commu- 
nity, before this or any other tribunal. And so help me 
God, I will not suffer him, old, respected and honored as 
he is, to be hunted down by the blood-hounds now on his 
track." At this point Mr. Stuart jumped to his feet and dis- 
claimed any intention to assail Mr. Peyton, to which Mr. 
Michie retorted, ''I suppose the gentleman will not have 
forgotten that he charged that the public rights had been 
bought and sold." Mr. Stuart insisted that he had made no 
attack on Mr. Peyton. Mr. Michie then delivered a powerful 
and earnest speech in which the position of his adversaries 
were literally pulverized. He declared as to the North Moun- 
tain people that they had come to Staunton in crowds and 
had attempted to brow-beat the halls of justice. 

Judge Thompson, in delivering his opinion on the case, 
decided that the original order of the County Court obtained 
by Mr. Peyton was a valid and legal order, and that the rem- 
edy which the other parties had, if, indeed, the public conve- 
mience required that the old road should be kept open, was to 
petition the Court under the general road law of Virginia 
to open the road de /jovo— thus deciding the whole case in 



122 

Mr. Peyton's favor. Thus ended a controvers}' which had 
excited a degree of fseling rarely exhibited in a case where 
so small a pecuniary, or property interest was involved. 



PROTECTS A WEAK MINDED GIRL. 



I remember Mr. Peyton's personal appearance and man- 
ners well. He made a great impression on me as a youth 
and I never knew any man who had more of what Edmund 
Burke styled the ' 'chastity of honor, which felt a stain like a 
wound." His humanity and sense of right were deeply 
aroused in a case which occurred in Bath county in 1842, in 
which a man for speculative purposes sought to take the per- 
son and property of a girl of weak mind from the custody of 
her brother. s. He was represented by John W. Brocken- 
borugh, afterwards United States Judge for Western Virginia. 
Mr. Peyton appeared for the girl and her brothers and in op- 
position to the proposition made by Brockenborough's client 
delivered an impromptu speech in which the mean, selfish, cruel 
and avaricious nature of the proposition was so clearly and 
mercilessly exposed that Brockenborough did not even attempt 
to reply, and the presiding Judge E. S. Duncan, a half-brother 
of Judge John J. Allen, dec'd, instantly decided that the 
custody of the girl and her property- should remain in the 
hands of her brothers. It was evident that Mr. Peyton's 
high and generous nature was filled with indignation at what 
he regarded as a most atrocious proposition, and he spoke 
with an animation, warmth and energy, probabl)' never ex- 
ceeded in any other effort of his long and distinguished pro- 
fessional career. Senex. 

Spectator, 1891. 



123 
LETTER FROM JOHN HOWE PEYTON, ESQ., TO THE 
COMMITTEE OF THE AMHERST FESTIVAL. 



Staunton, October 8th, 1843. 
Gentlen^en: 

Your letter of the 2nd instant inviting me on behalf of 
the Whigs of Amherst county, to be present at a festival to 
be held at Amherst Court-house, on the 19th of the present 
month, for the promotion of the Whig cause, has just reach- 
ed me. I regret, that for reasons unneccessarj' to detail, it 
will not be in my power to accept your polite invitation. 
You judge rightly, however, in supposing that I cordially 
unite with you in the objects which you have in view. The 
next Presidential election is a subject so important and so 
deeply interesting to the nation, that it cannot be taken into 
consideration too soon. The issues involved in it are the 
same with those before the people in 1840, and affect so vital- 
ly the public welfare, that too much care cannot be bestowed 
upon our proper organization — not onh' to prevent the evils 
arising from misrepresentation and falsehood, by dissemina- 
ting among the people correct information, but to secure a 
full and fair expression of the public sentiment. If these is- 
sues are fully and fairly explained, together with the mode 
and manner in which the Whigs have been disappointed in 
carrying their measures into effect b)^ the lamentable death of 
President Harrison, I do not fear a different result in the en- 
suing election from that which occurred in 1840. Our oppo- 
nents have not yet designated their candidate. W^e are as 
yet uninformed whether we are to encounter the subtle ab- 
stractions af the South Carolina nuUifier, or the wiley artifi- 
ces of the "Northern nian witli Southern principles" or 



124 

whether we are to face both. Not so with the Whigs. Henry 
Clay is so identified with the Whig cause and with Whig 
principles, that "all tongues speak of him, and the blear'd 
sights are spectacled to see him." He is distinctly pointed 
at by Whigs, in all parts of the Union, as the candidate for 
this distinguished station. 

Let Whig clubs then be established in every county in 
the State; let the people be correctly informed what Whig 
principles are, and why the battle of 1840 is to be fought over 
again; let the people know that the Whigs are not only in fa- 
vor of a sound currenc}^ but of a currency of uniform value 
throughout the Union — a national currency, consisting partly 
of the precious metals and partly of paper, convertible at 
pleasure into specie; and that they maintain, that in the pres- 
ent commercial condition of our country and of the world, 
this species of currency can be best attained by a well-regu- 
lated national bank. Let them know that we prefer indirect 
to direct taxation — that we are the friends of a tariff, to raise 
the necessary revenues for the general government — so ar- 
ranged as to protect our home industry, and to create a home 
market. Let them know that we are the friends to a distri- 
bution of the monies arising from a sale of the public lands,, 
according to some equitable ratio, and that we are not willing 
that a fund pledged by the States for specific objects, shall, 
after those objects are secured, be diverted to others not con- 
templated by the parties at the creation of the trust. Let 
them know that we, as our name indicates, are the friends of 
rational liberty; that we are for preserving the balances of 
power as established by the Constitution, among the three 
co-ordinate branches of the Government — that we are the en- 
emies of monarchy and all the monarchical tendendies of our 
Government — that we are in favor of restraining Executive 



125 

power and patronage; and for an economical administration 
of the finances. 

If these topics are fully discussed, and the people made 
clearly to comprehend their bearing, the election of a Whig 
President in 1844, can scarcely be questioned. 

You will pardon me for entering upon these subjects so 
much at large, when addressing mj^self to those who are 
more capable of doing them justice, and more interested in 
the issue than myself. I am an old man, and cannot expect 
to reap many of the fruits of a Whig victory, but I have a 
country and family that will enjoy them; and therefore I feel 
a deep interest in their success. 

As I cannot be personally present, permit me to offer as 
a sentment : 

Alay a retreating Whig in the contest of 1844, he 
a character unknown and unheard of. 

Accept the assurances of my respect — Your fellow citi- 



zen. 



John H. Peyton. 
Spectator, Nov. 23, 1843. 



A DEPLORABLE ACCIDENT. 

During the summer of 1843, while Mr. and Mrs. Peyton 
and the entire family were outing, on his Jackson river es- 
tate, called Isleham, or the "upper farm," for he owned an- 
other estate lower down the Jackson river, he accompanied, 
on horseback, a surveying party, engaged in locating or rec- 
tifying certain lines. At many points on their route, the 
surface was rough and hilly, and near the high banks of the 
river overgrown with brush. While riding up one of these 
steep banks, through undergrowth and brambles, his horse, 



a spirited animal, was beset by a swarm of bees. The animal 
began to plunge and soon became unmanageable, and rushing 
through the trees and brush, either dragged Mr. Peyton off 
or he was thrown, falling heavil}' to the ground, stunned and 
helpless. It was thought at the time that he was fatally in- 
juerd, but after being removed to the dwelling, he revived, 
and after one of his tenants, Mr. Meadows, had drawn from 
his arm a quantity of blood, Dr. Payne, of Covington, an 
old friend and skillful physician, was by his bedside in less than 
rwo hours, and through his care and attention, Mr. Peyton was 
enabled to return to Montgomery Hall within a fortnight, and 
soon resumed his ordinary life. It is supposed that this ac- 
cident was the beginnning of the end, the commencement of 
his decline, that he never fully recovered from his injuries, 
which affected the hips and spinal cord. The following sum- 
mer he was prostrated b}^ an attack of apoplexy, but such 
were the recuperative energies of his vigorous constitution, 
that he recovered from it, and attended the next session of 
the Senate after having made a visit to Col. Wm. M. Peyton, 
in Roanske, where he was extensivel}' and elegantly enter- 
tained and where it is thought he may have indulged impru- 
dently — in his then state of health, in the luxuries of the 
table. The writer was with him on this visit, and remembers 
well the numerous and splendid dinner parties given him b}^ 
General Edward Watts, George B. Tayloe, Mr. Oliver, Mr. 
Bowyer, Mr. Preston, of Greenfield, Mr. Langhorne, Mr. 
Burrell, Colonel Lewis, Dr. Griffeth, Mr. Johnston and others. 
His friends in the Senate, saw with pain and regret his 
declining health, and Mr, Peyton himself realizing it deter- 
mined to abandon all public employment. Accordingly in 
the month of December, 1843, he announced in the following 
letter his purpose to retire : 



V2T 
Richmond, Dec. 1843. 

TO THE PEOPLE OF AUGUSTA AND ROCKBRIDGE. 

Fellow Citizens: 

The term for which I was elected your senator is draw- 
ing to a close, and as it is not my intention to become again a 
candidate for your suffrages, I feel it a duty incumbent on 
me to apprize you of it thus early, that you may have full 
time to select for yourselves a suitable successor. 

In taking leave of the district I tender you my grateful 
acknowledgements lor the distinguished honor which you 
conferred upon me four years ago by electing me to the sta- 
tion I now occupy. Whilst acting in the discharge of the 
duties devolved upon me by this elevated trust, it has been 
my anxious desire to promote your interests and the general 
welfare of my native State. That such is the opinion of my 
constituents I have not had the slightest reason to doubt. 
Under such circumstances it would be both my pride and 
pleasure to again serve you were it not for my peculiar situa- 
tion. 

I have now arrived at a period of life when the quiet and 
repose of the domestic fireside are much better suited to m}' 
tastes and more congenial to my feelings than the arena of pol- 
itics and the strite of parties. Besides this I have duties to 
discharge to a young and growing family incompatible with a 
longer continuance in public life. 

I have felt the less difficulty in coming to this conclusion 
because I know I can do so without injurj- to the whig cause 
or whig principles, in the success of which the people of m}" 
district feel so daep an interest. Their intelligence furnishes 
ample assurance that my place will be filled wisely and judi- 
ciously; and that they will call into their service some one 
fully competent to the discharge of all the high duties of the 



128 

Station, and who will devote himself to the furtherance of 
those great principles and sound measures of public policy, 
which in the eniightened judgment of my constituents, lie at 
the basis of national prosperity. 

Your fellow citizen, 

John H. Peyton, 
Richmond, 1843. 

There were universal expresssons of regret on this occa- 
sion. The Richmond Whig, edited by the distinguished and 
unfortunate, John Hamden Pleasants, who was killed a few^ 
years later in a duel with Thomas Ritchie, Jr., said: The 
people of Rockbridge and Augusta and of the State general- 
1}-, will see, with regret, the announcement of Mr. Peyton's 
purpose to retire from the public councils. Mr. Peyton came 
into the Senate of Virginia three years ago, and his accession 
contributed greatly to the object at that time much consider- 
ed and desired by the State, to elevate the greatly declined 
and declining standard and character of that body for ability. 
The last spring elections have started another retrogradation 
in the same way and we are greatly concerned at any circum- 
stance calculated to accelerate the down-hill march. The 
withdrawal of Mr. Peyton's rare talents, large experience, le- 
gal and general knowledge, moderation, firmness and courtesy, 
from any legislative body whatever, would be seriously felt." 

John S. Ga//a/2er,' Senator from Frederick, said in the 
"Winchester Republican": 

"Mr. Peyton has long been known to the public as a 
gentleman of great ability and manly bearing, and his asso- 
ciates in the Senate will sincerely regret a severance of the 
agreeable, social and business relations so long and pleasantly 
subsisting between them and him. We are happy to add for 



129 

the information of Mr Peyton's friends abroad, that there is 
now a reasonable prospect of his restoration to some degree 
of comfortable health. Such extracts from the papers of the 
day might be indefinitely extended and every mail came 
loaded with private letters to him of regret. 

After the publication of Mr. Peyton's letter, several an- 
nounced themselves as candidates for the Senate, among them 
John McCue and R. S. Brooke, of Augusta and R. B. Barton, 
of Rockbridge. Considerable feeling originated among the as- 
pirants and the difficulties were adjusted in the manner disclos- 
ed by the subjoined correspondence, which explains also Mr. 
Peyton's continuance in public life. 



LETTERS TO THE CANDIDATES, MC'CUE, BROOKE & BARTON. 

Lexington, April 17th, 1843. 
Gentlemen : 

You are fully aware of the difficulties which attend the 
Senatorial canvass, from the circumstances that three Whigs 
are in the field, and the consequent danger which may at- 
tend tha Whig cause, and the Whig representation of the 
Senatorial District, of Rockbridge and Augusta. 

Having the fullest confidence in 3^our political principles, 
and being well assured that either of j'ou would ably and 
faithfully represent the district, renders still more difficult 
the task of discriminating among you. We. therefore, in or- 
der to secure a Whig representation, and in order to enable the 
people assembled here today to solicit a continuation of the 
able services of /0/772 H. Peyton, Esq., propose to you this 
plan, that you all retire from the canvass, in order that a call 



VM) 

may he made on Mr. Peyton, to offer his services. An im- 
mediate answer is respectfully requested. 

John Alexander. 
John Ruff. 
Wm. Moffett. 
Wm. C. Lewis. 
J. T. Sheltner. 
Chas. p. Dokman. 

THE candidate's REPLY. 

Lexington, Va., April 17th, 1843. 
Gentlemen : 

We cheerfully acquiesce in the plan proposed in your 
communication, and retire from the canvass with the expecta- 
tation that Mr. Peyton will consent to become a candidate. 

Yours, &c., 

R. S. Brooke. 
John McCue. 
Rob't R. Barton. 
Lexington, April 17th, 1S43. 
John H. Peyton, Esq., 

Dear Sir: At the suggestion of our friends, and with]the 
desire of concentrating the vote of the Whig partj^ of the 
District, we have consented, as the most agreeable course to 
us all, and one which we think will meet the approbation of 
our district, to dscline the canvass for the Senate, provided 
you will consent to run. 

We hope 3'ou will submit to the proposed sacrifice for 
the sake of union in our party, and the promotion of the 
country's good. 

With great respect, your ob't servant, 

Rob't S. Brooke. 
John McCue. 
Rob't R. Barton. 



131 

MR. PEYTON'S REPLY. 

Lexington, April 17th 1843. 
Gentlemen : 

Your note of the above date was handed me a few min- 
utes ago by Mr. Michie, stating that, at the suggestion of our 
friends, and with the desire of concentrating the vote of the 
Whig party of this Senatorial district, you had consented as 
the most agreeable course to all, and one which j'ou think 
will meet the approbation of the district, to decline the canvass 
for the Senate, provided I will consent to become a candidate. 

I feel greatly flattered by this testimonial of your confi- 
dence, and though I had fondly hoped to spend the residue of 
my life at home upon my farm; yet the object to be attained 
is so important, as disclosed in your note, and as I have 
learned from other sources, I cannot refuse to become again 
a candidate for a seat in the Senate of Virginia. 

You are at liberty therefore to announce me as such, in 
such manner as you may think best. Business calls me out 
of the district, and will detain me from it until the day of 
election in Augusta. 

I am with great respect, j^our ob't servant. 

John H. Peyton. 

To R. S. Brooke, John Mcue, and R. R. Barton. 

Accordingly, at the election in May, he was chosen for a 
second term, of four years, to the Senate, and while he was 
still absent from the district attending to the private affairs 
of his estates, mills, &c. in the counties of Alleghany' and 
Monroe. 



A BUNDLE OF MISCELLANEOUS LETTERS. 



The following letters are derived from the same source 



13-' 

with those previously given. They are not a selection from 
the bundle, but the bundle itself. So little was the little 
bundle, we ventured not to make that little less: 



JOHN H. PEYTON TO HIS DAUGHTER, SUSAN MADISON PEYTON. 

Staunton, Friday, 13th April, 1837. 
Aly Dear Susan: 

Your mother has shown me your letter, in which you re- 
quest that I shall write you. Why is ths request made after 
such a short separation? Do you already feel the necessity 
of counsel? If so, it is at hand in your two Aunts, with 
whom you should communicate freel}^ aud fully, and whose 
opinions you should not only respect, but implicitly follow, 
certainly as to all matters relating to etiquette, behavior and 
conduct. 

You are very young and inexperienced in the ways and 
wiles of the world, and yet your size would indicate maturer 
years, hence strangers will expect manners, conduct and con- 
versation suited to your size and not your j-ears. Do not 
permit the buoyancy and vivacit}^ of youth to betra}' you into 
levity of manners. Be circumspect, be dignified, and be 
good humored. The control of the temper is of the first im- 
portance to the elevated standing of every woman. Learn to 
be cheerful, sociable and agreeable. This you cannot be 
without controlling your temper. Be not hasty to take of- 
fense, or captious, and recollect that though she that will not 
resent an insult when offered, is a contemptible beast of 
burden, yet she that is captious and ill-natured, and 
ready to take offense at trifles, is a beast of prey. Half 
the difficulties and disappointments and vexations we meet 
with in the world, had as w^ell be the subject of our amuse- 



138 

iiient as our tears, and so far as it regards our intercourse 
with the world, had a great deal better be the subject of our 
amusement, for in general there is little sympathy felt 
for the woes of others. In your conversation be careful that 
you speak grammatically and avoid all rude or coarse expres- 
sions. The best way to acquire colloquial power, so import- 
ant to a well educated woman, is to listen to those of your 
sex attentively, who are most remarkable for these gifts. 
You thereby acquire correct pronunciation, good gestures, 
easy deliver}', and a knowledge of those topics of conversa- 
tion that are most likely to enable you to beguile an hour 
agreeably . 

Present me affectionately to your Aunts, and believe me 
to be., with solicitude for your conduct and appearance and 
permanent happiness. 

Your affectionate father, 

John H. Peyton. 



JOHN H. PEYTON TO HIS WIFE. 

Richmond, Jan. 15th, 1840. 
My Dear Wife: 

Your affectionate letters, one written on the 5th, the 
other on the nth, have been duly rec'd and read with delight. 

I presume that ere this reaches you, that Mr. Woodville 
will have arrived and delivered to you those beautiful speci- 
mens of plate w'hich I forwarded to him, and which cost so 
much that it has greatly straightened ni}- pecuniary means — 
Mrs. Telfair's loan having been invested in State stock. He 
wall also have given you all the information as to what has 
transpired since we parted. On yesterday I dined with 
Judge Tucker, where I met, among others, Mrs. \Vm. Mon- 



134 

cure, and two sons, of Stafford — old friends. In the evening, 
I attended, with Gerard Stuart and Mr. Worthington, of Jef- 
ferson, a party at Anthony Robinson's, but finding the com- 
pany too youthful for my enjoyment > I returned and was in 
bed before ten o'clock. Today I dine with Mr. Patton(J. M,), 
on tomorrow with Dr. Brockenbrough , so that you see that I 
have plenty of good eating and drinking, but I really do not 
enjoy it. It gives me a fullness in my blood vessels, and is 
such an inroad on my habits that I would greatly prefer being 
at home. These sensual pleasures are not to my taste, and 
in the future I shall avoid night parties. The business of 
legislation, so far as the Senate is concerned, has hitherto 
been anything but laborious. We meet at twelve o'clock, sit 
about an hour, pass a turnpike bill, or some such frivolous 
bill, and then adjourn. 

This, however, will not be the case in the latter part of 
the session when bills of more importance are sent to us. 

Who will be Senator or Governor is as yet altogether un- 
certain — numbers are nominated for each station, of course, 
many must be disappointed. 



The wound inflicted on Dr. Stribling and the death of 
the Rev. James C. Wilson have filled me with grief. I do 
not think the Superintendent of the Hospitals should permit 
the lunatics to carry arms and wander about town. You know 
that I have more than once expressed apprehensions as to 
our connection Towles.* 

I have not seen Anne Robertson since my return. I was 
invited to an evening party at Judge Robertson's to-day, but 
declined. 

*He was an inmate of the Asylum but allowed to go at large. 



135 

Many enquiries have been made by Susan's friends as to 
her reasons for not coming down with me. Rumor assigns as 
the season that she is to be married. I have contradicted it 
and asked Anne Robertson to do so. 

If Channing declines going to my Calf Pasture farm, I 
will rent it to Crawford. If you see Cr.awford tell him so, 
and ask him to call on me when I return. Tell Brown not to 
let slip this opportunity or he may not hereafter be able to 
fill the ice house. Give my love to all and accept the same, 
From your affectionate husband, ^ 

John H. Peyton. 



JOHN H. PEYTON TO HIS WIFE. 

Charlottesville, Oct. nth, 1840. 
My Dear Wife: 

I reached here on my return from Richmond, where I 
received your letter of the 6th of October. The reports you 
have heard are true in part and in part false. It is true I had 
my pockets picked as soon as I reached Richmond, which 
was between 12 and i o'clock on Saturday, but it is not true 
that I had so large a sum of money with me as rumored. I 
had only $500 with me, which was stolen, together with my 
umbrella, tobacco bag, pipe, etc. 

It occurred thus: My trunk was in the baggage car of 
the train, with my overcoat and umbrella strapped on top. 
The cars were crowded to overflowing, and on reaching Rich- 
mond the younger oart commenced cheering for "Old Tippe- 
canoe and Tyler too." The station was surrounded by an 
immense crowd when the train arrived, which cheered lustily 
by way of welcome to us. About this time the Fredericks- 
burg train arrived, which increased the crowd, the noise and 



136 

confusion. After leaving the train, I pressed forward to se- 
cure my baggage. This I succeeded in doing as to the trunk, 
which was, however, minus the overcoat and umbrella, and 
placed it in charge of Tom Preston,* who was traveling with 
me. I then returned to the cars in search of the lost arti- 
cles, though it was very difficult to get though the mass of 
human beings, and when in the densest part of the crowd 
felt a man pushing me forward from behind and one in front 
pressing me back. The one in front interfered with my pro- 
gress so much that I seized him with both hands and dashed 
him out of the way, at the same time demanding what he 
meant by his conduct. He apologized humbly, saying it was 
an accident due to the crowd. Re-entering the cars I heard the 
conductor crying out "'beware of pickpockets." Uponwhich, 
feeling my pocket, I discovered that my purse and pocket- 
book were gone. I have no doubt ni}- pocket was robbed 
while I was between the two scoundrels outside. Many oth- 
ers fared no better than myself. Next morning a man was 
arrested while his hands were in a gentleman's pocket. I 
visited this fellow in jail with Mr. Seymour, and he was 
very much the size and appearance of the man I thrust out of 
my way, but I could not identify him fully. He said he was 
an Englishman and had only been three months in America 
— was in Baltimore when Mr. Webster came to Virginia, that 
Mr. W"s fame in England was so great that he felt a strong 
desire to hear him speak, and came on to Richmond for that 
purpose; that he had no acquaintances in Richmond nor oth- 
er business there, and had brought no baggage. His extra- 
ordinary account satisfied me that he was one of a gang of 
professional pickpockets from abroad, who had come here to 



*Thomas L. Preston, of Abingdon, and brother of Hon. Wni. C. 
Preston, of South Carolina. 



137 

plunder during the excitement of our Presidential election. 
I have no hope of recovering my money or any part of it, 
which I much regret as I intended purchasing you a new car- 
riage. We must use the old one a little longer. 

Your sister Sarah arrived here the same day with myself. 
She looks grave and depressed. The term of the court will 
be short, so that you may expect my return soon. With 
love to Susan and the rest of the family, 
Your affectionate husband, 

John H. Peyton. 



SAME TO SAME. 

Richmond, January 8th, 1841. 
My dear with: 

I send as presents to you and my daughter Mary, two of 
the most superb cloaks that I have ever seen and such is the 
opinion of others who have seen them. Yours is grave, ele- 
gant and becoming, Mary's is rich, magnificent, dashing and 
unsurpassed for beauty, and is of the kind now all ,the rage. 
She will look beautiful in it. 

I carried the old toddy spoon and the broken silver spoons 
to Mr. Mitchell, and he agreed to let me have in exchange a half 
dozen silver spoons. He has also agreed to let me have a doz- 
en silver table spoons and a dozen small ^ spoons, and some 
forks, but I do not know what they will cost. 

The Senate after altering the title of the bill for shorten- 
ing the sessions of the legislature, a bill to reduce the wages 
of the members of the legislature was introduced and passed 
unanimously. 

Sarah I,evvis and Miss Lewis have been visited b3' all my 



138 

brother's family and by the Governor and family, and per- 
haps others. 

I hope to send your cloaks by Mr. Valentine, who propo- 
ses to leave here on Tuesday in the cars. I have them boxed 
and ready. They cost heavily, as you will see from the bills 
in the box, viz: $58.93. Woodville is here, and is with Judge 
Allen, Judge Baldwin, and myself every day. 

I purchased at auction to-day a Pier glass with a Marble 
top, to occupy the place in front of the mirror in the drawing 
room, as you requested. It is handsome, and the mirrors be- 
low the table I think will fit the place precisely. 

The affectionate leave-taking we had on the morning we 
parted, sank deeply into my heart, and I shall long recollect 
it. Present me affectionately to my dear children and ac- 
cept my sincerest regard. 

Your affectionate husband, 

John H. Peyton. 

P. S. Gen'l Baldwin and myself are to visit Miss Debo- 
rah this evening. Peyton. 



SAME to same. 

Senate Chamber, March 15th, 1841. 
My Dear Ann: 

I shall leave here, if no accident occurs to prevent, on 
Thursday next, on my return. I will stop in Charlottesville 
on Friday to confer with Cochran on business matters, and 
expect to reach home on Saturday. I regret to leave before 
the Senate adjourns, as this is a period of interest as to our 
general legislation, but I have paired with Carter, and I have 
an engagement at home which is imperative. I feel great 
anxiety to see 3'ou and the dear little stranger who has 



139 

never seen her father. Would not Virginia be a good name 
for the child, as I was denied the pleasure of seeing her 
earlier, in the service of the State. I submit the matter, 
to you.* Farewell till we meet. Love to all. 
In haste, your affectionate husband, 

John H. Peyton. 



FROM JOHN H. PEYTON TO HIS SON, JOHN LEWIS PEYTON. 

Richmond, Dec. 29th, 1841. 
My Dear John: 

Your lettter of the 23d of December is before me. It is 
true that I have been unwell with a cold, but this has not 
confined me at any time to my room, and I am now much 
better. As to j^our plans, it was not my wish or intention 
that you should resume your studies until after the holidays. 

You entirely misunderstood my letter to your mother, if 
you suppose that I am opposed to your continuing the study 
of Greek, Latin or French. In my letter to 3'our mother, I was 
contrasting the benefits to be derived from a stud}- of the lan- 
guages, ancient and modern, with those to be derived from 
the Mathematics, in which I gave a decided preference to 
Mathematics. I did not intend that you should infer that I 
was opposed to your acquiring the languages. So far from this, 
I have no idea that a man can have any pretensions to the 
character of a scholar without a knowledge of them as well 
Mathematics. It is my wish, therefore, that j'ou should de- 
vote yourself to these studies under the care and direction 
•of Mr, Waddell. If you have time to read at home, I wish 
3'ou to peruse: ist, Gillie's Greece; 2d, Rollins' Roman His- 

*The child was named Virginia Frances, and is, in 1894, the widow 
of Col. Joseph F. Kent, of Wytheville, Va., and the mother of three 
fine children. 



140 

tory; 3d, Gibbons' Decline and Fall of the Roman Empire r 
4th, Hume's History of England, and postpone Philosophy 
and Chemistry tor the present. At a later period, I will give 
you a list of authors you should read, in the order in which 
they should come, for it is true, as Eocke sa5-s, to quote him 
as near as I can from menior}', "educations begins the gen- 
tleman, but reading, good company, and reflection, must fin- 
ish him." I may remark here, that in a course of reading, 
you should pursue method, and in order to make yourself 
familiar with the literature of a country and people, say our 
mother country, England, you should confine 3'ourself for a 
time to the authors of a particular era, such as the Anglo- 
Saxon period; then the Anglo-Norman period, which will 
bring you down to about 1350, when the character styled 
Black-letter, or Old English, was used, and so on. You will 
find a fund of historic lore in Hall's History of the Houses 
of York and Eancaster, Hollingshead's Chronicles, Stowe's 
Chronicles, Camden's Britannia, Eord Bacon's Henry VIE, 
nearly all of which is in my library. 

There is one thing, my son, that is indispensible now, 
and you will find it equallj^ so in all your undertakings through 
life — and is something in which you are wanting, that is in- 
dustry and a firm resolution to make yourself master of ev- 
ery study or pursuit in which you engage. Have unity of 
aim, perseverance, and you must succed. Most of the mise- 
ries and vices of mankind proceed from idleness and a wrong 
direction given to their energies. I ardently desire your 
success and the progress you make now will decide whether 
or not I shall be gratified or disappointed. Address 3'ourself 
anew to your books, and though from your previous neglect 
and want of training, you may progress slower than you would 
wish, and than some would do in your position, I know 



141 

enough of your parts to feel a perfect conviction that you can 
reach the goal as certainly as the brightest of your youthful 
companions. A word more as to j'our studies. While I con- 
sider a knowledge of the languages essential to a gentleman, 
I regard mathematics as essential to a liberal education, and 
as, indeed, the most important part of it, mathematics is the 
perfection of reason, and its peculiar excellence consists in 
the fact that its principles are demonstratable — especially is 
this the case in geometry, the most general and important of 
the mathematical sciences. Every proposition that it lays 
down is subjected to the most accurate and rigid demonstra- 
tion. Mathematics is, in fact, the onl}- science whose truths 
are clearly demonstrated, and whose results are conceded b}' 
all rational beings. If you state a proposition in morals, phi- 
losophy, in law, politics or religion, which you think cor- 
rect, 3'ou will find few of your listeners willing to acknowl- 
edge its truth. You debate the question, but you have no 
means of deciding who is right. Not so in mathematics. 
There demonstrations are so clear and conclusive that all ration- 
al men yield to them. Hence it has been called the science of 
certainty. By acquiring mathematics then j-ou acquire a sci- 
ence that you know to be founded upon correct reasoning, and 
when you are disputing a point of law, politics, theolog}' or 
morals, you will be enabled to ascertain more certainlj- those 
arguments that lead to a correct conclusion, and at the same 
time with the more ease to discover those that are fallacious 
and sophistical. He who gives a portion of his time and tal- 
ents I have somewhere read, to the investigation of mathe- 
matical truth, will come to see all other questions with a de- 
cided advantage over his opponents. He will be in argument 
what the ancient Romans were in the field; to them the day 
of battle was a day of comparative recreation, because thej- 



U2 

were each accustomed to exercise with arms much heavier 
than they fought with; and their reviews differed from a real 
battle in two respects, they encountered more fatigue, but 
victory was bloodless. Therefore determine to make your- 
self a mathematician, as well as a linguist — a thorough schol- 
ar. The pursuits of knowledge lead not only to happiness 
but to honor. "Length of days is in her right hand and in 
her left are riches and honor." Even in the most trifling 
species of knowledge, in those which can amuse only the pass- 
ing hour, it is honorable to excel — how much more so to ex- 
cel in those different branches of science, which are connected 
with the liberal professions of life, and which tend so much 
to the dignit}' and well-being of humanit3^ Such excellence 
raises the most obscure to esteem and attention, it opens to 
the just ambition of youth, some of the most distinguished 
and respected situations in society; and it places them there 
with the consoling recollection, that it is b}- their own industry 
and labor, under Providence, that they are alone indebted for 
them. 

Remember me to the famih' and such persons as may be 
visiting you. 

I am your affectionate father, 

JoHx H. Peyton. 



JOHN H. PEYTON TO HIS \VIFE 

West Point, June 9th, 1841. 
My Dear Ann: 

I reached here without accident at 10 o'clock, the 7th 
inst., the day appointed for the meeting of the Board, having 
traveled 400 miles between Wednesday eveni ng and Monday 
morning, including Sunday, on which daj' I rested in New 



14a 

York. Consequently I saw none of our friends in Richmond, 
Washington, Baltimore or Philadelphia. Nor did I call on 
any in New York. On reaching here on Monday, I was glad 
to find my old friend, Commodore Stewart, of the Navy, 
Miss Taggart, and Mr. and Mrs. Hugh Campbell, of Phil- 
adelphia. They were all delighted to see me, but greatlj^ 
disappointed that I had not brought Susan. There is a large 
crowd of ladies and gentlemen at the Point attending the 
examinations. The Virginia cadets maintain their high 
character for talents and character at the Academy, which 
gives me great pleasure. 

I have just received a letter from Rowze, pressing me 
to visit him in Geneva. Whether I shall be able to do so is 
uncertain, as the examinations will last at least a fortnight. 
I have not received a line from any member of the familj' 
since I left. Pray write. Give my love to all. In haste. 
Your affectionate husband, 

John H. Peyton. 
P. S. — June loth. I neglected to post the above. Com- 
modore Stewart has just offered to take John on his ship as 
his private secretary for a cruise round the globe. I declined, 
as it would interfere with his education and give him roving 
habits, which would probably alter the whole ccurse of his 
life. It was very kind, however, in Stewart, and I thanked 

him heartily. 

J. H. P. 



SAME TO SAME. 

Richmond, Dec. 13, 1841. 
Aly Dear Ann: 

Your welcome letter of blank date, but post-marked the 



144 

9th instant, was duly received today, informing me that 
you were all well. On Monday last I entered Ann at Mrs. 
McKenzee's to learn not only reading, writing, arithmetic, 
and geography, but manners, dancing, &c. She stays with 
my brother's family, goes to school with Julia A. Peyton, 
and is apparently very contented, as I see her every other 
day. I have carried her to see your cousin, Mrs. John Rob- 
ertson, and Miss Deborah, both of whom received her and 
treated her affectionately, as if she had been their own daugh- 
ter. She is to go out on Saturday to Anthony Robinson's 
to spend Saturday and Sunday. She has already written to 
you. 

Tell Susan that on this morning I breakfasted, by invi- 
tation, with Miss Deborah Couch, where I met Miss Ann 
Robinson — that after breakfast Miss Robinson went with me to 
the music store of Wm. Daniel, where I purchased for Susan 
music to the amount of $3 or $4, embracing all the most 
•choice new songs, waltzes, &c., for the piano and some music 
for the guitar. Mr. Daniel has promised me to have it bound, 
■with her name upon it, by Thursday evening. If this is 
done, I will send it up by Points or Worthington Smith, who 
are here upon Lodge business, and who expect to return on 
Friday next. We had heard before your letter reached us, of 
the deplorable accident which befell Mayo Cabell. I 
hope and trust that his life will be saved to his family. 

I am to dine today with Dr. Brockenborough, and so must 
■conclude, with the sincerest good wishes for yourself and 
family. 

Your affectionate husband, 

John H. Feyton. 



145 
SAME TO SAME. 

Richmond, Jan. loth, 1842. 
My Dear Ann: 

On yesterday I bought you a Brussels carpet, which cost 
$220. It is a handsome and most excellent carpet. Also a 
rug. It will be carefully packed and left with Mr. T. R. 
Blair, to be forwarded to Staunton. The cadets are here 
from Lexington, undergoing an examination before the Leg- 
islature. Col. Smith is staying at Bernard's, (Gen. Peyton's.) 
I saw Ann (his daughter) yesterday. She is greatly im- 
proved and is getting over, in some degree, her timidity. 
She begins to dance very well. I visited Dover* a fortnight 
.since, and was greatly delighted with the apperance of every- 
(thing. 

I explained to Mrs. Robertson your wishes as to a man- 
lilla. She has promised to go out with me the first good 
day I am at leisure, and select one for you. Tell my good 
daughter Susan, that I have received her letter and wall give 
it prompt answer. Love to all. 

Your affectionate husband, 

JOHN H. Peyton. 



SAME TO MRS. PEYTON. 

Isleham, March 6th, 1844. 
Dear Ann: 

I arrived here in two days: the first night I staid at 
Blackburn's, the second here, I have not been well since my 
arrival, but am better to-day. Our nephew, Henry Massie,is 
with me, and has been good enough to remain. Eugenia 
•Gatewood is at Henry Massie's, and I feel inclined to go over 
*An estate of Gen. Bernard Peyton's on the upper James River. 



140 

to see them all. Everything here is as I expected. So far, 
no maple sugar has been made, owing to the mild weather, 
but they will begin with it tomorrow, and I hope, to bring 
back at least, enough to satisfy the children. 

I sent to Callaghan's on yesterday hoping to get a letter 
from James A. Lewis in regard to my business in his hands 
on the Kanawha, but was disappointed. 

Tell Leonora Stack that nothing has been heard of Mr. 
Edward White and his family. If she has any intelligence 
of them let her advise me by letter, addressed to the Warm 
Springs. Patrick Meddins is building me a new stable. 
Richardson has not yet removed. 

In the division of his father's servants Reuben fell to 
Tom Massie, and as he is married to one of my servants, I 
proposed to exchange Julius for him. Thomas has not yet 
decided what he will do. 

I do not know when I shall return as I am anxious about 
my mills on the lower farm and wish to meet Mr. White. 
My love to all. Your affectionate husband, 

John H. Peyton. 



SAME TO SAME. 

Richmond, January i6th, 1842. 
My Dear Ann: 

This will be handed you by Gilbert Guy, a servant of 
good character, who will fill the departments at Montgomery 
Hall, formerly filled by George Martin, and better. He is 
sober and obliging, a fair carpenter, wood cutter, cradler, 
gardener and coachman. I wish you to employ him about the 
house as "Jack of all trades." I think he will make himself 
very useful, and I hope you will be pleased with him. He 



147 

carries your fine carpet in the boat to Scottsville, to be left 
with Matthew Blair, who will forward it to Staunton, to the 
care of Benjamin Crawford. I have never known times as 
hard as they now are, so you must bear with me for the pres-, 
ent as to other purchases. 

I am, with sincere affection for you and the children, 
your husband, 

John H. Peyton. 



SAME TO SAME. 

Senate Chamber, March 23d, 1842, 
Aly Dear Ann: 

This is the day on which both houses had resolved to 
adjourn, but the following bills have got to bepa.ssed by both 
houses: the tax bills, appropriation bill, bank bill, and the 
James river and Kanawha bill. Consequently we shall be 
forced to remain in session till Saturday. Immediately after 
adjournment, Ann and mj^self will leave here. I have pur- 
chased a velvet scarf tor you, and another for Susan, at $23 
each. 

William is here, but will soon return to Roanoke by way 
of Lynchburg, not Staunton. I hope he will bring his family 
to see us in the summer. He promises to do so. 

Give my love to Susan, John and the rest of the chil- 
dren, and accept for yourself the assurance of my sincere and 
devoted attachment. 

Your husband, 

John H. Peyton. 



us 

SAME TO JOHN LEWIS PEYTON AT THE UNIVERSITY OF VA. 

Staunton, Dec. 29, 1842. 
My Dear Son: 

Mr. Kinney has promised to deliver you this letter. In- 
form me, after enquiry of the Proctor, what sum I must de- 
posit for the next half term. Write so that I may get your 
letter a tew days before leaving home for Richmond. The 
young Mr. Peyton, who has just entered the University,* is 
a son of Mr. Townsend Dade Peyton, formerly of Loudoun 
county, Va., then of Frederick, who emigrated to Ohio, and 
a son of Col. Francis Peyton, of Revqlutionarj^ fame. His 
grandmother was a Miss Dade and a sister of my grandmother 
on the mother side. He is, therefore, on both the paternal and 
maternal sides a blood relative of yours. I hope he is a 
worthy, studious j-oung man aud that you may become 
friends. Be kind and attentive to him and encourage him 
I would like to know and to have him at ni}^ house. Invite 
him to spend the entire vacation with you here, and at Jack- 
.son river and at William's in Roanoke. 

In haste, j'our affectionate father, 

John H. Peyton. 



JOHN H. PEYTON TO HIS DAUGHTERS, ANN AND MARY PEYTON. 

This letter was written a year after Mr. Peyton was par- 
al^^zed and when he was obliged to employ an amanuensis. 

Montgomer}' Hall, Nov. 30th, 1846. 
My Dear children: 

I had the pleasure to receive Ann's letter this evening 

*Robert Ludwell Yates Peyton, afterwards a distinguished lawyer 
State Senator of Missouri, a Colonel in the Confederate army and 
Senator for the State of Missouri in the Senate of the Confederate 
States of America. He died from disease contracted before Vicks- 
burg. Miss. 



14:> 
and was so much pleased with it that I determined to answer 
it b}^ the post of tomorrow. Ann's letter is characterized by 
a good style and evinces much warmth of heart. It shows 
that the pains I have taken with the education of my children 
has not been bestowed in vain. 

I was glad to hear that your aunt Lynn, had treated you 
with the utmost affection and kindness, and surprised that 
you have found any difficult)' in returning your visits. What 
has become of Cochran's fine carriage and horses. Had I 
supposed you would have had any trouble in getting about I 
should have ordered my horses and carriage to remain in 
Charlottesville during your visit. Tell Cochran he must pro- 
vide a way for j-ou to return your visits in the town and at the 
University. You speak in your letter regretfully of your 
short sta}', but it can't be helped owing to the late period of 
the year. I am apprehensive of a change in the weather and 
wish you to return. But an accidental circumstance will pro- 
long 3-our visit for a few daj's. It is this. John Baldwin* 
goes to Charlottesville tomorrow week to attend court. He 
will remain only two days and will take charge of 3'ou and 
fetch you back in the stage coach. 

My health is very much what it was when you left. I 
received a present yesterday of a saddle of venison weighing 
40 pounds from Mr. Callaghan. I intend having it cooked 
to-da}' and wish you were here to partake of it. 

A young gentleman b)' the name of Holcombe, from 
Lynchburg, who brought John a letter of introduction from 
Mr. Charles L. Mosby, will dine with us.f 

*The late distinguished Col. John B. Baldwin, who married Mr. 
Peyton's eldest daughter Susan. Col. Baldwin was Colonel of the 
52nd Regiment during the Civil war and member of the Confederate 
Congress, and was a man of eminent ability. 

fNOTE. — Wm. H. Holcombe, physician and Swedenborgian wri- 
ter — a brother of James P. Holcombe — and the author of "Our Child- 
ren in Heaven," "The other life," etc, etc. 



150 

Why has Mary not written me ? 

Remember me to Cochran, L,ynn and the children and to 
Louisa Coleman. 

I am, your affectionate father, 

John H. Peyton. 

To this letter the following P, S. is appended: 
My Dear Sisters: 

As father was too feeble to write you a longer letter, he 
requested me to add a few lines in order to give you the 
Staunton news. I proceed to do so briefl}^ and hurriedly. 
Since you left, the town has been more livel}- than usual. 
One of the excitements has been a flock of wild pigeons — 
— millions of them— which rested 24 hours in the neigh- 
borhood, and afforded the sportsmen rare fun. Thousands 
have been killed, and as much powder and shot used as if 
we had been repelling a Mexican invasion. 

Another stir has been caused by the Governor's procla- 
mation calling for troops for the Mexican war. Nearly ever}'- 
body wants to go, only a few can be accepted, as Virginia is 
permitted to furnish onlv two regiments. The early bird 
catches the worm, and V. E. Geiger and Wm. Harman have 
gone to work actively to recruit a company. Thirt}-^^ have 
already volunteered to go with them, and the two militia 
regiments of the county will be mustered in a few da3-s, 
at their usual training grounds, that these gallant young 
men may speak and thus fill the ranks of their company 
at once. Though it is not necessary, .speeches will be made 
at the big musters to the regiments [we can't do au}-- 
thing in our country without speaking] by Mr. Michie, 
Judge Thompson, Geiger, Harman, Harper, and others. It 
is believed that hundreds more than are needed will volunteer. 



151 

Baldwin's company declined to volunteer as a company. Har- 
per is to command the new compan}-, at least the command 
will be tendered to him, as it is said he is anxious to go to 
Mexico. His health is very bad, and he thinks service in 
Mexico will do him good, besides he is full of fight. 

Another excitement was a fire in Long's grocery, near 
the Virginia Hotel. It was soon put out by the crowd, which 
quickly assembled after the alarm. As I was returning from 
the fire, I met the engines, followed by a hilarious crowd, 
crying out, at the top of their voices, as if they were cele- 
brating a political victory. 

But to come nearer home. Notwithstanding my father's 
crippled and prostrate physical condition, he is, as ever, bent 
on hospitality, and we give a dinner party next Wednesdaj'. 
Invitations have already been sent out and accepted by Judge 
Thompson and family, Mr. and Mrs. Michie, Mr. and Mrs. 
Castleman, Mrs. Judge Baldwin, Mr. McElroy, Baldwin and 
Susan, Emma Terrill, Holcombe, John Dabney, Rosa Boys, 
and others. 

Holcombe is a clever young man from Lynchburg at- 
tending law lectures, said to be worth capturing, so come 
back and let us see which of you three cau bag the game. 

We have been visited by the Harmonicons, of Boston, 
whose performances have been very successful. One would 
hardl}' suppose the peculiarities of the negro dialect and 
character could be so accurately reproduced by a company 
from the "Hub." All the town ladies attended, amongthem, 
somewhat to my surprise, Rosa Boys and Slisan Baldwin. 

When Dabney called yesterday and asked when Mary 
was coming back — I lashed him into a silent fury and enjoyed 
the fun, by saying you might be absent six weeks or two 
months. He smoked five pipes in gloomy abstraction, and 



152 

then left, apparently considerably "cut up," that is to sa}-, 
in the dumps. 

Sue Tapscott and Mary Eskridge are at Stuarts still. No 
news of Add., but I saw Kate and Martha yesterday for the 
first time since you left. Hendren has taken a law office in 
the old frame building on Augusta street formerly occupied 
by the Deaf and Dumb pupils. Charles H. Lewis* has become 
the owner and editor of a newspaper published in Martins- 
burg and will soon leave here to make that town his perma- 
nent home. It is to be hoped that he will now give up poe- 
try and enter on practical life. Poetry is too unprofitable for 
a man working for his daily bread. He will be much missed in 
Staunton, especially by the nest of singing birds of which he 
has always been a warbler of the first feather. 

John Harman has returned from Texas and tells many 
strange stories of the rangers and life on the border. 

Cousin John R. Green has just written, giving us news 
of our Kentucky kin, who are generally in statu quo. He 
says Bat is leading an idle life there, is, indeed, so lazy that 
he can't make love to his sweetheart, who, though .she pre- 
fers Bat to other lovers, is about to accept the offer of another 
suitor, despairing of Bat's ever getting enough energy to 
propose! I have heard of lazy men before, but never one who 
filled this description. 

I received a letter from B. Gallagher on yesterday. He 
will make us a visit within a few weeks. Lieut. Gettyt has 
removed his recruiting quarters to Lynchburg. I am sorry 
for it, as I have none of the ridiculous prejudices of some for 
West-Pointers, and like Getty very much. He is a sensible. 



*NoTE. — During the administration of President Grant appoint- 
ed Minister Resident to Portugal. 

f Afterwards Gen. Geo. W. Getty, U. S. A. • \ 



153 

well mannered, highly educated and companionable man and 
officer. It is said he is engaged to be married to Miss Eliza- 
beth Stevenson. I have thus complied, in a way, with fath- 
er's request. 

I have only room to saj- good-bye. With love to Uncle 
and Aunt Lynn and all, including, if the word is permissi- 
ble, Miss Lou Coleman, 

I am your afifectionote brother, 

J. Lewis Peyton. 



JOHN H. PEYTON TO HIS DAUGHTERS, ANN AND I\IARV. 

Montgomery Hall, Dec. 9th, 1S46. 
]\Iy Dear Children : 

On consideration I have determined to send Ned and the 
carriage to Charlottesville for you. You can return in it more 
comfortably than in the stage coach. I leave it to 3'ou to de- 
cide whether you will make the journey back in one or take 
two days for it. If the weather continues dry and the roads 
are as good as to-da}' it will be advisable to make the journey 
in one da}'. It is difficult to count on more than three bright, 
dry days at this season. As you return call for a few min- 
utes on my old friends, the Bowens. I am apprehensive that 
if you remain longer, though I well know the hospitality and 
kindness of your uncle and aunt, that you will make them 
twice glad — a thing I have never done, and I hope never 
will. 

Present me kindly to Cochran and Lynn. I am glad they 
have been so kind and do not think Lynn ought, in the con- 
dition of her health, to give you the party she speaks of. Re- 
member me to Lou Coleman and tell her to return with you 
in the carriage. Baldwin will take charge of her and your 



154 

trunks and fetch them back in the stage coach. I have sup- 
plied Ned with money for his journey to and fro, for tolls, 
feed, &c. 

Your affectionate father, 

John H. Peyton. 



JOHN L. PEYTON TO HIS MOTHER. 

Baltimore, 184S. 
Mv Dear Mother: 

I reached here to-day on my return from the west, but am 
so much fatigued by a continuous journey of 800 miles that I 
have decided to lay over Saturday and Sunday for rest and 
recuperation. It will give me an opportunity also to see the 
Hulls, Howards, Williams and other friends. On Tuesda}^ 
morning I expect to reach Staunton and will be glad to find 
the carriage at the Virginia Hotel to take me home. Tell 
Sheets to send my riding horse to Gregory, and have him shod 
all round. I write in great haste and will defer any account 
of my travels until I get back. I will tell you of the new 
scenes, the strange people and all the keen excitement conse- 
quent in my wanderings. 

Thank Lizzie for her letter which I received at Niagara, 
also Gallagher, for his received at the same place. He sa3's 
you have had nothing but rain since he reached Montgomery 
Hall. I am glad he hasn't had a dry time and presume from 
the spirits in which he writes that his suit is likel}' to end in 
success. What says Mary. 

I met my cousin. Dr. James McDowell, son of Governor 
McDowell, of Lexington, and his western wife, nee Bent, of 
St. Louis, in Buffalo, N. Y. He was recently married and 



155 

from the wa}^ he wined and dined (on Champagne, etc.,) I pre- 
sume he is on his bridal tour with a pocket full ot money. 
His wife is an amiable and sensible woman, is not prett}*, but 
inherited four hundred thousand dollars. This will cover over 
a multitude of small deficiencies if she should have any, besides 
plain looks. They urged me to go down the St. Lawrence with 
them, but the scenery of the looo Islands would hardly com- 
pensate a third party for the boreing society of a newly mar- 
ried pair. I therefore withstood all their importunities, and 
they were so earnest that I began to think they were tired of 
each other. 

With much love to all the family, believe me my dear 
mother, your dutiful and affectionate son, 

J. IvEwis Peyton. 

P. S. If I should not arrive on Tuesday send Gilbert in 
with the carriage, from day to day, until I do reach Staunton. 
I expect, however, certainly to get back on Tuesday. 

J. L. P. 



FROM WM. MADISON PEYTON TO MRS. JOHN H. PEYTON. 

Philadelphia, June •2oth, 1847. 
Aly Dear Cousin: 

I arrived in this place a few hours since and finding from 
consultation with my children, that our respective purses 
are so nearly exhausted as to make it necessary that we should 
husband what remains and take the straight chute for home. 
I have determined to confide the articles purclia.sed for j'ou to 
the care of Lawyer Davidson, of Lexington. Both the chil- 
dren and myself regret exceedingly our disappointment in 
the visit to Staunton, but their and my unexpected long ab- 



sence from home, and the extreme anxiety of my wife for our 
return, leaves us no alternative. We must select some more 
appropriate occasion and pay you a special visit from Elm- 
wood. I have ransacked the whole country for teachers with- 
out success. The young lady recommended by Dr. Nandain, 
was engaged by Wyndham Robertson before I reached here. 
None others unite the qualifications specified in your memo- 
randum, without requiring a salary greatly beyond your lim- 
it. I have, however, set a good deal of machiner}- to work, 
which will in a short time put me in possession of a great 
deal of information on this subject, and enable me to provide 
you with a good teacher, at a reasonable price. My children 
are improving very much where they are at present, and I re- 
gret exceedingly the necessity of their removal. Sally, (his 
daughter,) has employed a Dolce Cantati, a Dolce Digetati, a 
Danseuse, a chirographist and a "parlez voiis Francais'' pro- 
fessor — that is, a singing mistress, a pianist, a dancing mis- 
tress, a teacher of penmanship and a teacher of the French 
language, — with her fine /le and .s/^e professors, she enjoyed 
the g,eatest advantages, fullest opportunities for information 
in the branches taught by them, and I think she has shown a 
most commendable disposition to profit by them. She goes 
to work as if she expected to make her living by teaching. 
Susan* is so absorbed with religion that I think she heeds 
little except a professor of Theology in the form of an anti- 
quated spinster, who daily mounts the tripod, and delivers 
her oracles to Susan and other anxious and enquiring spirits. 
Susan, however, is "a gem of purest ray serene," and prom- 
ises to be to her parents a source of just pride and heartfelt 
gratulation. I like her religious temper, but would be pained 



*Col. Peyton's eldest daughter, afterwards Mrs. Jos. H. White. 



to see her run wild with her youthful fervor and disfigure by 
fanaticism, what would otherwise be so beautiful. 

I have purchased for my sisters, Ann, Mary and lyUC}', 
three of the finest and prettiest breastpins to be found in the 
Northern cities, and such as are in vogue at present. They 
are jewels for a lifetime, being of the finest and best work- 
manship. I also send them a pencil and gold pen each. I 
will add to this ray daguerreotype for my sister Susan, who 
honored me by requesting it. To you, I send your grand- 
daughters grouped with their father. Susan is reading her 
favorite book, the Bible, to her attentive father and affection- 
ate sister. The likeness of Sue is perfect. Sally's doesn't 
do her justice. Mine looks like an Othello. Give my love 
to all the famil}^ and accept for yourself the love of yours. 
Truly and affectionately, 

W. M. Peyton. 



On the 3d of April, 1847, John H. Peyton died at Mont- 
gomery Hall in his 69th year, and it has been truly said that 
there was no one in his public and private relations who was 
more honored and beloved by those who knew him best. 
Among the numerous letters received on this occasion is the 
following. It alone has been preserved. It is from his brother, 
Col. Rowze Peyton, of Geneva, N. Y., to Col. John B. 
Baldwin: 

Geneva, N. Y., April 15th, 1847, 
Aly Dear Sir: 

The receipt of your letter conveying the melancholy in- 
telligence of the death of my much loved brother shocked 
me indescribably, notwithstanding his long illness and the 
helpless condition he was in when I left twelve months ago. 



i:)8 

I then hoped he might be spared a few years, as, if not ac- 
tively useful to himself, he could be, by his advice, exceed- 
tngly so to his 5'oung and promising family. He was a most 
noble and generous man, a true man in every sense, and in 
heart and mind a great and good man, to whom I was ardently 
attached, and the thought that I shall never see him again 
in this world, causes a sorrow and sadness which may be im- 
agined, bUe cannot be described. I sympathize, from the bot- 
tom of my heart with his dear wife and children. It is a terri- 
ble loss to them, and I pray they may havestregnth to bear it 
with Christian fortitude, knowing tHatit is the fiat ot the Sov- 
ereign Ruler of the Universe, who disposes of us as he will, 
and to whose will we should bow with humble submission. 
That this melancholy event may be sanctified to the salva- 
tion of each individual member of his family, and all con- 
nected with them, is the earnest prayer of, dear Baldwin, 
Your sincere friend, 

R. Peyton. 



MR. PEYTON'S RESIGNATION OF OFFICE OF AT- 
TORNEY FOR THE COMMONWEALTH. 



In our last paper, the appointment of Thomas J. Michie, 
Esq. to the office of Commonwealth's Attorney for Augusta 
county, in the place of John H. Peyton, Esq., resigned, was 
announced. We now learn from a friend (having been absent 
from town at the time,) that upon returning into the hands of 
the court the office which he had so long and so ably and 
faithtully filled,' Mr. Peyton delivered a short but pertinent 
and touching valedictory. He said it was just thirty-two 
years since he had been honored by the court with" the ap- 



pointment, that in casting his eyes along the bench, he recog- 
nized but a single magistrate* who was present on that occa- 
sion. He saw the sons, however, the relatives and friends of 
his former friends ; and that alike from the fathers and the 
sons, he had received tokens of confidence which had greatl)' 
gratified him in the discharge of his duties during this long 
lapse of years. His great purpose had always been to pro- 
tect the rights of the Commonwealth, and perform faithfully 
the duties of an officer of the court ; and he thanked the court 
for their forbearance when he had erred, and ior their uniform 
courtesy and kindness and the confidece they had ever shown 
him. 

When Mr. Peyton cancluded his remarks so inadequate- 
ly reported, Lyttleton Waddell, Esq., a member of the 
court, presented the following minute, vhich was adopted by 
a unanimous vote, and ordered to be spread upon the records: 

"Augusta County Court, 1 
I St day of June term, 1844. J 

John H. Peyton, Esquire, who has acted as Common- 
wealth's Attorney in this county for thirty-two years, having 
on this day resigned the said office, the Justices of the coun- 
ty, in full session at their June term, do, with unanimous 
consent, express their high sense of Mr. Peyton's long and 
valuable services. They add a willing testimony to the dis- 
tinguished ability, fidelity and zeal, with which he has 
guarded the interests of the Commonwealth within the limits 
of the county — to his impartiality, prudence, and firmness as 
a public prosecutor, and to the' commendable courtes}- which 
has marked his intercourse with the Court, as becoming a public 
officer and a representative of the Commonwealth. And it 



^L. Waddell, vSr. 



100 

is the will of the Court that this testimonial, as an additional 

tribute of respect, be spread upon the records." 

Spectator, July 4, 1344. 

Immediately after his resignation, the County Court, as 
the only honor yet in their power to confer, elected him a 
member of their body, and on several occasions, before his 
death, he presided in the Court where he had so long prac- 
ticed. 

Mr. Peyton was a member of the committee, appointed 
in 1843, to prepare an address to the people of Virginia, and 
aided in the preparation of that able and interesting docu- 
ment, but as it covers over fifty pages and may be found 
in the newspapers of the day, it is not necessary to insert 
it here, in order to make clear what were his political 
opinions. The committee was composed of B. \V. Leigh, 
Robert W. Carter, James R. Hubard, Chas. J. Faulkner, 
Wyndham Robertson, Chapman Johnson, and John H. Pey- 
ton, and was said to have united more talent than any 
similar body ever raised jn Virginia. 



SKETCH OF JOHN HOWE PEYTON, 

BY 

COL. JOHN T. L. PRESTON, A. M., OF VALE, PROFESSOR OF 

MODERN LANGUAGES &C., IN THE V. M. INSTITUTE. 



The late John H. Peyton. Esq., of Staunton, Va., was 
one of the finest specimens that we have ever known of the 
complete lawyer. During the prime of his life he pursued 
the profession with a laborious assiduity rarely equalled, and 
though as age advanced upon him he remitted his efforts, he 



•did not discontinue his practice until a short time before his 
death, [he took no new cases after his 6oth year]. None of 
his contemporaries secured a more ample reward in either rep- 
utation or pecuniary emolument. 

We have spoken ot Mr. Peyton as a complete lawyer. 
Law as a practical profession, has several departments, and it 
is not unusual to see a lawyer distinguished in some of them, 
with a compensating deficiency in others. Some practition- 
■ers are successful collectors; some are much esteemed as judi- 
cious advisers in matters not strictly legal; some are designa- 
ted good judges of law, or, in other words, safe counselors, and 
-with some the forte is. Common law practice, while others are 
•distinguished as Chancery lawyers. The organization of the 
courts in Virginia, and the nature of the business, at least in 
the interior, requires every lawyer to enter upon the whole of 
this miscellaneous practice; and it is not to be wondered at, 
that some, even good law3^ers, are not equall}' strong in every 
part. Mr. Peyton knew every, part of his profession thor- 
oughly. He had studied diligently as a student, and had 
known the expectant struggles of the young practitioner; he 
had practised under the old system before the reorganization 
ot the judiciary, and afterwards under the new; he had met 
in contest the strongest men in each department of the pro- 
fession, and he had made himself a champion in all. We may 
add that some lawyers who exhibit the highest skill in secur- 
ing the rights of their clients, are foolishly ignorant of their 
■own; in other w^ords they let slip the fair, well-earned profits 
of their profession. Not so with Mr. Peyton. He knew the 
value of his professional services, he gave them to the fullest 
extent to those who applied for them, and then he insisted 
upon just remuneration. We notice this point, not at random, 



\(V2 

but to present a feature belonging to the character of the com- 
plete lawyer. 

The characteristic of Mr. Peyton's life was efficiency. 
This efficiency had for its elements native vigor of intellect, 
great resolution of character and courageous self-confidence, 
ample and thorough acquirements and the quickness, pre- 
cision and dexterity of action that belong only to those who 
have been taught by a varied experience to understand thor- 
oughly human nature. In conversation, Mr. Pej'ton was 
ready, entertaining and instructive. But conversation was 
not his forte, though he was fond of it. He was not fluent. 
His manner was sometimes too direct for the highest style of 
polished social intercourse of a general nature, and besides 
he had a remarkable way of indulging in a strain of satirical 
banter, when his words would be so much at variance with 
the expression of his countenance, and particularly with the 
expression of his mouth, that the hearer was often in an un- 
comfortable state of uncertainty how to take him. His per- 
son was large and his bearing dignified, but not graceful. 
His manner was unaffected, but not without formalit}', nor 
was it perfectly conciliator}-. Some styled him aristocratic, 
while none could deny that his self-respect and confident en- 
ergy gave an imperious cast to his demeanor. We have of- 
tener than once thnoght applicable to him, in a general wa}\ 
those lines of Terence. 

"Ellum, confidens, catus. 
Cum faciein videas, videtur esse quantivis preti, 
Rristis severitas inest in voltu, atqiie in verbis fides." 

His voice was true and clear, and capable of sufficient 
variety, but without a single musical intonation, and a little 
sharper than you would expect to hear from a man of his 
size and form. If it is asked what is the style of his speak- 
ing, it may be replied, just what might be expected to be- 



16:} 

long to such a man as he has been described, that is to say, nev- 
er was the speaker a more complete reflection of the man than 
in his case. We cannot believe that any one who knew him 
was ever surprised when thty heard him speak; what he said 
v/as just what they could expect him to say. This is often 
the case with speakers and writers, but not always. Energy, 
reality, and efficiency were his characteristics as a man, and 
equally so as a speaker. Distinctness of conception lay at the 
foundation of his excellence. Some great speakers, some 
even pre-eminently great speakers, not unfrequently hurl 
unforged thunderbolts. They feel the maddening impulse of 
the god, but give forth their utterance before the true pro- 
phetic fury conies on. 

Mr. Peyton's mind was no sybils cave whence came forth 
wind-driven leaves inscribed with mighty thoughts disposed 
by chance, but a spacious castle, from whose wide open port- 
al issued men at arms, orderly arra5'ed. He had hardly open- 
ed his case when the hearer was aware that he had thought 
over the whole of it, had given a course to pursue, and would 
close when he came to the end of it. This distinctness of 
conception comprehended the subiect as a whole, and shed its 
light upon each detail belonging to it. This insured the 
most perfect method in all that he said. Before he began to 
speak he had determined in his own mind, not only the order 
of the different parts of his discourse, but also their relative 
importance in producing the general impression. Hence, he 
was never led away by the tempting character of any peculiar 
topic, to expatiate upon it unduly; he did not take up matter 
irrelevant to the case because it might touch him personally; 
he never spoke for those behind the bar, nor did he neglect to 
secure the fruits of victory in order to pursue an adversary to 
utter discomfiture. He spoke as a lawyer, he spoke for the 



U)4 

verdict, and expected to gain it bj- showing that he was enti- 
tled to it. Some speakers hope to accomplish their object by 
single, or at least, successive impulses — now a clinching ar- 
o-umentative question, now a burst of brilliant declamation, 
and now a piece of keen wdt, or a rough personality. Such 
speakers forget, or do not know, that a jury may admire, may 
be diverted, and even moved, without being won. He that 
o-ains the verdict must mould, and swav, and lead, and this 
is to be effected by continued, persistent pressure, rather than 
by tours de force. This Mr. Peyton knew well and observ- 
ed it with perfect self-command. His hearers came away sat- 
isfied wdth the whole, rather than treasuring up remarkable 
points and passages. Let it not be supposed, however, that 
he was a cold speaker, who treated men as mere intelleceual 
machines, to be set in motion by the pulleys, screws and le- 
vers of logic, far from it; he understood human nature well, 
and knew the motive power of the feelings; but then he knew, 
too, that the way to excite the most effective sympathy is not 
to make a loud outcry, but to make a forcible exhibition of real 
suffering — that the best way to rouse our indignation against 
fraud, deceit or oppression, is not to exhort us to hate it, but 
to show its hatefulness. One of his most distinguished con- 
temporaries upon the same circuit was celebrated for his pow- 
ers as a criminal advocate; his manner was obviously upon 
the pathetic order, perhaps a trifle too declamatory. We have 
seen them in the same cause, and have thought that if the 
eloquence of Gen. Briscoe G. Baldwin flushed the counte- 
nance quicker, the earnestness of Mr. Peyton stirred the 
heart deeper. Of the oratory of a class of speakers by no 
means rare (not, however, including in his class the distin- 
guished jurist above alluded to,) it has been well said, "dec- 
lamation roars while passion sleeps." of speaking justly char- 



1G-, 

acterised by this line, Mr. Peyton's was the precise reverse. 
With him thought became passion ate before the expression be- 
came glowing, as the wave swells before it crests itself with 
foam. 

Mr. Peyton's language was forcible, pure and idiomatic. 
It served well as the vehicle of his thoughts, but contributed 
nothing to them. There is a real and legitimate advantage 
belonging to the master!}- use of words, of which many great 
speakers know how to avail themselves. Mr. Peyton attempt- 
ed nothing of the sort. His diction was thoroughly Eng- 
lish, with a marked preference for the Anglo Saxon branch 
of the language, and his sentences came out in the most nat- 
ural order with unusual clearness and vigor, but not unfre- 
quently with a plainness that bordered upon homeliness. His 
style, however, was always that of speaking, as distinguished 
from mere conversation — a distinction which some of our 
modern speakers forgot, when in order to appear at their 
ease, thej- treat, with no little disregard, notonl}^ the rules of 
rhetoric, but the rules of grammar as well, and use words and 
phrases which are (to take a word from the vocabular}- which 
we are condemning) nothing better than slang. On the con- 
trary, there was in Mr. Peyton's style the fruit of early stu- 
dies and high-bred associations, a classical tinge, extremely 
pleasant to the scholar, though not perhaps appreciable by 
those for whom he generally spoke. It must not be sup- 
posed from what has been said of his excellent method, that 
he resembled in this respect some of our able, but greatly 
tedious lawyers, who take up, in regular succession, every 
possible point in the case, however minute, and worry us by 
officiously offering help where none is needed. So far fiom 
it, he showed his consummate skill as well in what he omit- 
ted as in what he handled, and, as a general thing, his 



speeches were shorter in duration, and yet fuller of matter 
than those of his opponent. His use of figurative language 
was easy and natural, and not stinted; but his figures were 
always introduced as illustrations and not as arguments. It 
is not unusual to meet with a speaker who is unable to 
enounce distinctly the general principles he wishes to use, 
throw out an illustration to enable himself to pick out the 
principle from it, or at least to give his hearers a chance to- 
do it for themselves; not so with Mr. Peyton. He held up 
the torch of illustration, not to throw a light forward to guide 
himself in his own investigations, but to enable those follow- 
ing the more readily to tread the road along with him. He 
had a very noticeable fondness for recurring to the primary 
fundamental principles of morals, and doubtless he was re- 
strained, by his practical judiciousness, from indulging this 
disposition to the full. One of his favorite books was Lord 
Bacon's essays, and under other circumstances he might 
himself have been a distinguished moral essayist. 

As well may be supposed, his general vein was grave, 
The high idea he entertained of the dignity of his profes- 
sion, and the earnestness with which he gave himself to it: 
alike precluded either levity or carelessness. However, he 
v/as fully able, quite ready upon occasion, to avail himself of 
a keen wit, that was all the more effective, because it was 
dry and sarcastic. It occurs to us to mention an instance, 
well known to his circuit, not illustrative of his severit}', but 
of his pleasantry, in a criminal prosecution. He, as prosecu- 
ting attorney, was opposed by two gentlemen of ability, 
whose pathos had been so great as to draw abundant tears 
from their own eyes. One of them, a gentleman who has 
since filled a distinguished national position (Hon. A. H. H. 
Stuart, Secretary of the Interior of the United vStates, 1850- 



167 

53^ was noted for the facility with he could cover over his bril- 
liant eloquence with the liquid varnish of his tears. On this 
occasion he had beeh singularly lachrymose, and supported 
by his colleague, General, afterwards Judge Baldwin, in the 
same way, the sensation produced was very considerable. 
Mr. Peyton commenced his reply b}^ regretting the disad- 
vantage the Commonwealth labored under in being represent- 
ed by him who was a very poor hand at crying, and certainly 
was not able to cry against two at a time. The ludicrousness 
of the expression completeh- neutralized the pathos of his op- 
ponents. He was not averse either to a bit of f.irce, now and 
then, as is shown by a story told of him. In a remote part 
of the circuit a lawyer wished to adorn a moving pa.ssage of 
a speech he was just rising to make, with an apposite exam- 
ple, and applied to Mr. Peyton, sitting beside him, to help 
him to the name of the man in the Bible who would have his 
pound of flesh. With imperturbable gravit}^ he answered 
Absalom! The effect of thus confounding Shakespeare and 
the Bible may be imagined. 

We have said that Mr. Peyton was thoroughly furnished 
in every part of his profession; in one department his quali- 
fications were peculiar and unsurpassed. Without disparage- 
ment to others, it may be said, we think, that he was the best 
Commonwealth's Attorney in the State of Virginia. He was 
the lawyer of the Commonwealth, and he treated the Com- 
monwealth as a client, and he labore,d for her with the same 
industry, zeal and fidelity that he manifested in behalf of any 
■other client. The oft-quoted merciful maxim of the common 
law, "better that ninety and nine guilty men should escape 
than one innocent man suffer," he interpreted as a caution to 
respect the rights of the innocent, and not as an injunction 
to clear the guilt>', and he labored to reduce the percentage of 



168 

rogues unwhipt of justice, as low as possible. With a clear- 
ness and force rarely equaled would he point out the necessity 
of punishing the guilty in order that the innocent might be 
safe, thus exhibiting the abfolute consistencj' of strict justice 
with true mercy. Sa simply and earnestly would he do this, 
that he not only bound the consciences of the jury, but also 
made them feel that they were individually interested in the 
faithful execution of the laws. Here his clear perception of 
the moral principles upon which rests the penal code, and his 
fondness for recurring to general principles, stood him in great 
stead. It was delightful to hear him expatiate upon this 
theme, for upon no other was he more truly eloquent. 

Mr. Peyton served at different times in both branches 
of the Legislature, but we speak not of him as a politician. 
Our purpose has been solelv to exhibit some of the qualities 
which made him an eminent member and ornament of the 
legal profession. 



SKETCH OF JOHN HOWE PEYTON, 

BY 
WILLIAM FRAZIER, A. M., OF YALE. 



"My personal acquaintance with Mr. Peyton," says Mr. 
Frazier in the History of Augusta County, "commenced in 
October, 1S24, when I entered upon the practice of my pro- 
fessson at the Staunton bar. He was then, as I learn from 
his biography, in his fifty-seventh year, and from that cir- 
cumstance only, it might be inferred he had passed his cli- 
matric. Certainly nothing in his physical appearance or his 



forensic display betokened a decay of power, bodily or men- 
tally. 

Yet having amassed a handsome fortune, he established 
himself in a beautiful home, surrounded by a large and in- 
teresting family, and he felt himself entitled to some relaxa- 
tion from the arduous demands of his profession — or at least 
from its drudgerx*. He, therefore, relegated to the younger 
members of the bar all minor causes, in the matter of taking 
depositions and the like vacation duties. But for ten years 
following the date of my introduction to him, there was 
hardly an important or celebrated cause tried at the Staunton 
bar, whether in the State Courts or the United States Courts, 
without the aid and illumination of his splendid intellect; 
whilst aiso in Albemarle, Rockbridge and Bath counties, he 
largely participated in the like weighty causes. 

In the Supreme Court of Appeals of Virginia, his repu- 
tation throughout the State enlarged the theatre of his pro- 
• fessional service much beyond that of his local circuit. 

I wish it were in my power to give a just and discrimi- 
nating analysis of his processes in the investigation and con- 
duct of a great cause, or even a fair description of his stj'le 
of forensic argument. This much may be safely said: that 
he seized, bj- apparent intuition, upon the strong and dominat- 
ing points in a case, not infrequently finding those, or some 
of them, buried out of sight from a scrutiny less searching 
than his, beneath a mass of irrelevant or conflicting testi- 
mony. 

Haviug thus entrenched himself in one, or a few strong 
positions, his array of the facts was so masterly, his presen- 
tation ot them so luminous, and his arguments from them so 
logical, that he rarely failed to carry the tribunal with him 
safely and irresistibly to his conclusions. Discarding thus 



170 

the minor points and less material phases of the cause from 
his examination and discussion, or dismissing them in a few 
rapid, searching sentences, his debate was conspicuous for its 
compactness and logical order. Accordingly, his speeches 
did not ordinarily exceed one hour, and even in the most com- 
plex and voluminous causes they rarely went beyond two 
hours. I can recall but one occasion in which he consumed 
nearly three hours. His style was fluent, but not of that 
fluency which comes of redundant words and phrases, for I 
have never listened to one so terse and vigorous. I think it can 
be said there was hardly a superfluous word, and every sentence 
Ijore upon the conclusion aimed at. It was, therefore, never 
a weariness to hear this great advocate, and the promiscuous 
audience follow^ed his argument, his sarcasm or his invective, 
with as much apparent interest as did court and jury. 

It has been written of him that he was equally versed 
and at home in every department of the profession ( unless ad- 
miraltv and maritime law be excepted) but I think it was as 
a common law lawyer that he excelled, and that it was in the 
common law he found his chief delight. He was perfectly 
conversant with the principles of the Feudal law and imme- 
morial usages of England as expounded by Littleton, Coke, 
liacon. and all the fathers and great interpretors of English 
jurisprudence. 

Having come to the Bar while special pleading was yet 
a legal science and carefully practiced system, and before pop- 
ular and not too well informed legislatures sought to "simpli- 
fy" the practice of the law by Statutes of Jeofails, he was, 
without doubt, one of the most practiced and expert special 
pleaders of his time. His naturally astute and logical mind, 
finding its expression through the channels of a terse and lu- 



171 

minoiis style, caused his pleadings in all their stages to be 
Jiiaster pieces of art. 

His fame as a prosecutor of the pleas of the Common - 
Avealth has never been surpassed, if equaled, in Virgiuia. On 
this field he achieved triumphs of the most brilliant kind. 
His pride in his profession, and the great principles of right 
and justice underlying it, no less his inborn contempt for chi- 
canery and fraud, not to speak of crime in its grosser forms, 
■combined to make him a terror to evil doers. Some critics, 
even among the profession, sometimes were disposed to cen- 
sure him as too harsh and unrelenting towards the prisoner 
at the bar, but if ever}^ circuit throughout our land possessed 
at this da}' so able, fearless and conscientious a prosecutor as 
did the Augusta and the surrounding circuit at that happier 
■da}- in- our history, perhaps we might find less cause to de- 
plore the depreciation of the public morals, which so painful- 
ly invest the present era. 

It would be a halting and very defective sketch of this 
■eminent jurist which failed to speak of his striking original- 
ity. Negatively speaking, there were little or no common- 
place and hum-drum in his forensic arguments, his debates 
in the Senate or his addresses from the hustings to his con- 
stituents. In a positive sense, his speeches, at least on great 
occasions, and when his powers were thoroughly roused, 
rarely failed to be marked by some flash of genius. I recall 
a conversation just after the close of a protracted and labo- 
rious term of the Augusta Circuit Court, in which the late 
Judge Lucas P. Thompson and Gen. Bri.scoe G. Baldwin 
bore the leading parts. The last named was paying generous 
tribute to Mr. Peyton's force and originality. Judge Thomp- 
son remarked, that he had never seen Mr. Peyton go through 
.a cause, deepl\' interesting and moving him, in which he did 



172 

not utter some view or sentiment illuminated by genius, or, 
at the least, some illustration marked by a bold originality, 
and he instanced two causes, tried at the late term, one a civil 
suit and a very heav}' will case, in which he made a novel 
and searching application of a familiar fable of ^sop. I for- 
bear to give its details, because both the critic and his subject 
have passed from earth. 

In the same cause, three signatnres were to be identified 
and proved, that -of the testator and also of the two attesting 
witnesses, all three having died since their attestation. 
Many witnesses were called to prove the genuineness of the 
three names. Opposing counsel sought to h»adger the wit- 
nesses, by urging them to specify what peculiar marks there 
were in the handwriting and signatures, whereby they could 
speak positively as to their identity and genuineness. This, 
ot course, for the most part they could not do, and in the ar- 
gument of the cause before the jury, the same counsel strove 
to throw discredit and contempt upon those witnesses (all men 
of good character) for their failure and inability so to describe 
the quality and the peculiar marks and the calligraphy of the 
signers as to show they were familiar with their handwriting. 
In his reply to those sallies of his opponents, Mr. Peyton 
swept away the whole airy fabric by a single happy illustra- 
tion: 

'Gentlemen,' he said, 'you have often been assembled in 
crowds upon some public or festive occasion. Your hats have 
been thrown pell-mell in a mass with perhaps a hundred other 
hats, all having a general resemblance. Suppose you had 
attempted to describe your hat to a friend or servant, so that 
he might go and pick it out for you. It has as many points 
for description as a written signature — its color, height of 
crown, width of band, lining, &c. Do you think that a friend 



17:i 

or servant could, by any possibility, have picked out your 
hat for you? And yet when you went yourself, the moment 
your eye would light upon it, you instantly recognize it 
among a hundred or Ave hundred hats. Familiarity with it 
has stamped its picture on your mind, and the moment you 
see it, the hat fills and fits the picture in your mind, as per- 
fectly as the same hat fits your head.' 

The jur}' were evidenth- won, and gave full credence to 
the ridiculed witnesses. 

The other instance during the same term (cited by Judge 
Thompson,) occurred in the celebrated prosecution of Naaman 
Roberts for forgery- — in forging the name of Col. Adam Dick- 
inson to a bond for $600.00. 

The body of the bond was confessedly the handwriting 
of the prisoner at the bar. That was admitted. The signa- 
ture was a tolerabh' successful attempt at imitating the pecu- 
liar handwriting of Adam Dickinson. But no expert could 
look at the whole paper and fail to see a general resemblance 
between the body of the instrument and the signature, rais- 
ing a strong conviction in the mind that both proceeded from 
the same hand. 

The defense strongly insisted upon excluding the body 
of the instrument from the view of the witness, by covering 
it with paper or turning it down, and so confining the view 
to the signature only — upon the familiar doctrine of the law 
of evidence forbidding a comparison of various handwritings 
of the part}^ as a ground for an opinion upon the identity, or 
genuineness of the disputed writing. And this point was 
ably and elaborately argued by the prisoner's counsel. 

The learned prosecutor met it thus: 

'Gentlemen, this is one entire instrument, not two or 
more brought into comparison. Let me ask each one of you. 



174 

when you meet your friend, or when you meet a stranger, in 
seeking to identify him, what do you look at? Not his nose, 
though that is the most prominent feature of the human face; 
not at his mouth, his chin, his cheek; no, you look him 
straight in the eye, so aptly called 'the window of the soul,' 
you look him in the eye, but at the same time you see his 
whole face. Now put a mask on that face, leaving only the 
eyes visible, as the learned counsel would have j'ou mask the 
face of this bond, leaving to your view only the fatal sig- 
nature. If that human face, so masked, was the face of your 
bosom friend, could 3-011 for a moment identify him, even 
though permitted to look in at those windows of his soul? 
No; he would be as strange to you as this accursed bond has 
ever been strange to that worth}- gentleman. Col. Adam 
Dickinson, but a glance at whose face traces the guilty au- 
thorship direct to the prisoner at the bar.' 

This most striking illustration seemed to thrill the whole 
audience, as it virtually carried the jury. 

Mr. Peyton never was a politician. His taste and predi- 
liction la}' not in that direction. But no man was better in- 
formed of the course of public affairs, or had a keener insight 
into the character or motives of public men. Once, and so 
far as I knew, once only, did he participate in the debates of 
a Presidential canvass. It was the memorable one of 1840, 
and the speech was delivered from the Albemarle hustings. 
His analysis of the political character of Martin VanBuren, 
and his delineation of his public career from his desertion of 
DeWitt Clinton, down to his obsequious ingratiation with 
Andrew Jackson, was incisive and masterly and all the more 
powerful and impressive because pronounced in a judicial 
rather than a partisan temper. Competent judges, long 
familiar with the verv able harangues and debates on that 



175 

rostrum, declared it one of the ablest that had been listened 
to by any Albemarle audience. 

Of his services in the Virginia Senate, I need only say, 
what every one would naturally expect, they were most val- 
uable from their enlightened conservatism in the prevention 
of crude and vicious legislation. In the last session of his 
first term in the Senate, a vigorous effort was made for the 
passage of a stay-law rather than an increase of taxation. 

It hardly needs to be said that he opposed the former 
and sustained the latter measure with all the vigor of his 
honest and manly nature. Nor could he ever have looked 
with any patience upon that brood of enactments since his 
day — the stay of executions, homestead exemptions, limita- 
tions upon sales of property, et id omne genus, professedly 
passed in the interest of the poor and the laboring man, yet 
in fact more detrimental to that class than any other, and 
most damaging to the vState abroad. 

Let me say, in conclusion, that the person and figure of 
Mr. Peyton*were fine and commanding. His carriage was 
always erect, his head well poised on his shoulders, while his 
ample chest gave token of great vitality. On rising to ad- 
dress court or jury, there was something more than com- 
monly impressive in his personal presence and whether clad 
in 'Virginia home-spun,' or English blue broadcloth with 
gold buttons, (and I have often seen him in both), whenever 
you saw him button his coat across his breast and slowly 
raise his spectacles to rest them on the lofty crown, you 
might confidently expect an intellectual treat of no mean 
order. 

There never was a broader contrast presented in the 
same person than that between Howe Peyton, the lawyer, 
the public prosecutor, or even the Senatorial candidate 



ITG 

amongst the people, and the same individual in his own 
home. Here in the midst of his family, or snrrounded 
by friends, the rigor of his manner relaxed, and he was 
the model of an affectionate husband and father, and the 
most genial of companions. He was 'given to hospitality.' 
and there was no mansion in all this favored region where it 
was more generously and elegantly dispensed, through many 
years, than at 'Montgomery Hall.' " 



SKETCH OF JOHN HOWE PEYTON, 

BY 
JUDGE JOHN H. MCCUE, B. L, UNIVERSITY OF VIRGINIA. 



One of the truest tests of the greatness of a man is very 
often the impression, I think, which, without intending, he 
makes upon the minds of the voung with whom he may come 
in contact. There are few of us who do not remember hav- 
ing met, in our earlier days, with men whose presence filled 
us with respect and awe, before even, perhaps, we had 
learned their names and reputations, and who, in after years, 
seemed to stand out from amid our youthful recollections, 
apart and distinct from the memories of other men — men 
who, unconsciously, stamp their individualit3' not only upon 
our minds, but who often serve, though we may not perceive 
it, as models upon which our own conduct is, or ought to be, 
moulded, and the impress of whose attributes and virtues 
serve as standards by which we judge of other men. The 
impressions I have of John Howe Peyton are those which I 
formed when a youth, but they were such as to stamp him, not 
only as an able and good man, but as a great man in the truest 



acceptation of the term. When a bo}' at the school at Waynes- 
boro, Augusta count}', of the Rev. James C. Wilson, D. D., 
a famous criminal trial was progressing in the Circuit Superior 
Court at Staunton. Mr. Peyton was the prosecutor, and was 
regarded as the ablest prosecuting attorne}- then, or who had 
ever been, in the Commonwealth of \'irginia. Everybody was 
talking of this trial, in which, for various reasons, not neces- 
sar)^ to be here detailed, the community was deeply inter- 
ested. Shortly after, as I remember, I saw standing, in the 
porch of the hotel at Wajmesboro. a gentleman of splendid 
form, broad shoulders and extended chest, with a magnificent 
head which was carried erect, and which might be aptly 
compared to that of Daniel Webster. His eyes were large 
and bright, his features straight, finely chiseled, forming a 
face of Grecian lineaments and expression. I did not then 
know who he was. The idea formed on my j'outhful mind 
was that he must be a great and famous man. I inquired re- 
specting him, and was told that he was Mr. Howe Peyton, 
the famous lawyer and prosecutor. I had often heard my 
father speak of Mr. Peyton as one of the great lawyers of 
Virginia, then having her Johnson, Wickham, Tazewell, 
Baldwin, Sheffey, Wirt, Leigh, Tucker, Stannard, and other 
eminent men, who were his contemporaries. I had never 
.seen Mr. Peyton until now. There was something, however, 
in the noble and dignified appearance and bearing of the man 
now standing before me, that at once arrested attention and 
impressed the beholder. The opinion formed by me of his 
greatness was afterwards, upon a better acquaintance, fully 
justified. 

I knew little of Mr. Peyton personally until after I en- 
tered the University of Virginia, with his son, John Lewis 
Peyton, in 1842, both of us members of the law class under* 



178 

the late Henry St. George Tucker. Mr. Peyton, at that time- 
Commonwealth's Attorney for x-Vlbemarle, and the other covin- 
ties composing the circuit of Judge Thompson, when in Char- 
lottesville attending the court, sojourned at the residence of 
his brother-in-law, John Cochran, Esq., now (1879) surviving 
in his 86th j-ear. Upon these Occasions, at his request, his 
son and myself spent much time with him. Mr. Peyton 
manifested a deep interest, naturally, in the progress of his 
son, and in my own, because of his warm and intimate friend- 
ship for my father. It was during the frequent conversations 
which it pleased him to hold with us, that I learned to appre- 
ciate the great powers of his mind, not perhaps as to its ca- 
pacity, Vjut more especially as to the wonderful faculty he pos- 
sessed of simplifying and rendering clear the most abstruse 
subjects. And in this perhaps, as much as in anything else, 
lay the secret of his success as a lawyer. He could take, for 
instance, the most difficult point of law, and in a few well 
chosen, pithy sentences, place it clearly and forcibly before 
the minds of his hearers. As an illustration, I remember, 
shortly after we had commenced the study of law in the jun- 
ior department, he made special inquiry as to our progress, 
examined us upon what we had gone over, and inquired the 
subject of our next lecture. We replied that it was "Uses 
and Trusts," frankly confessing that although we had read 
the text, we still felt ignorant of the subject. He then said, 
'Listen to me boys;" and went into a dissertation upon the 
intricate and difficult subject, and in a conversation of per- 
haps two hours, gave us a history, accurate in chronologyv 
minute in detail, profound and clear, as an exposition of the 
whole science, and this without reference to book or note, 
thus indicating the profoundest learning, and rendering the 
subject so clear to our minds that when we vent to the review 



179 

the whole field seemed to be laid open before us. In this sim- 
ple way he demonstrated not only his power before courts and 
juries, but likewise the rare ability he possessed to impart to 
others, in the clearest and most conlprehensive manner, what 
he knew and what had heretofore seemed to them insuperably 
difficult. 

It was one of the noticeable traits of his character that 
he was ever anxious to impart information and knowledge to 
the young, to encourage and advance them. He rarely lost an 
opportunity of instructing, and this, in such an easy, unaffect- 
ed, conversational style that it both captivated and instructed 
the mind. In the many conversations with his son and mj^self, 
during this, and the next succeeding term at the University, 
seemed to be his constant desire to communicate to us a historic 
and philosophic knowledge, and to lead us insensibly into the 
deep delights of history and literature. In this connection, I 
must say that after a longer and more extended acquaintance 
with Mr. Peyton I learned to regard him as a man of the pro- 
foundest learning, not only in the great principles and science 
of the common law, but also in general history and literature; 
and he expressed himself with more precision, condensation, 
vigor, and beauty of language than anj- man I have ever known. 
I never heard Mr. Peyton speak at the bar or on the hustings. 
From what I know, and have heard of him, his conception of 
a great subject and mode of expression were as clear, distinct 
and demonstrative as that of Edmund Burke. Judge Tucker 
who had known him intimately for over forty years, once 
said to me: "I regard Mr. Peyton as one of the profoundest and 
most learned of lawyers." During one ot my summer vaca- 
tions I visited his son John L. Peyton at Montgomery Hall. 
I had formed an intimate friendship with him which yet con- 
tinues. On this visit I was a witness and subject of the splen- 



180 

did hospitality of Mr. Peyton and his amiable and accomplish- 
ed wife. One morning shortly after sun rise John Lewis Pey- 
ton and myself leaving our chamber, strolled into the park- 
like grounds admiring the venerable and wide-spreading oaks 
and beautiful scenery. On the porch in front of his office 
which contained his law and miscellaneous library was the 
dignified figure of Mr. Peyton seated in his accustomed arm 
chair, book in hand and a long pipe in his mouth. (He was 
much addicted to the Virginia weed.) On our approach he 
rose, and politely exchanging with us the morning salutations, 
bade us be seated. He then said: "I am looking over, for a 
second time, the first volume of Allison's History of Europe. 
Though it has faults of style, and is marred by political prej- 
udices, it is the most remarkable historical work of the coun- 
try." 

The book was closed, his finger between the leaves. In 
this attitude he proceeded, as was a habit with him, upon a 
disquisition upon the value and importance of historical study. 
"It instructed," said he, "the young whose destiny it might 
be, in time to guard the rights or secure the welfare of the 
community." He declared in general terms that the object 
of history, the great object, was to make men wiser in them- 
selves and better members of society. By recalling the past 
it opened up a wider field for observation and reflection than 
any personal experience could do, and thus prepared a man 
to act and advise in present contingencies. He continued in 
this vein for a half hour, illustrating his views by reference 
to ancient, medieval, and modern history, displaying a sound 
ness of view, and extent of research, a manliness of principle, ' 
an accuracy of learning, and a vigor of style surpassing anj^- 
thing I have ever heard. 

There have been few trulv great men who were not noted 



ISl 

for their courtesy- and hospitality'. Both of these traits Mr. 
Peyton possessed in a high degree. His manner to his son 
and myself was most courteous and ever of such a nature as 
to impress us with the idea, if possible, that we were men en- 
tering upon the great theatre of life, with the prospect before 
us of attaining eminence in our profession, of ren'dering our- 
selves useful to the State, and of service to society. 
There was something in the appearance and manner of the 
man, when you first come into his presence and under his in- 
fluence, before he had uttered anything more than the ordina- 
ry salutations, that convinced j-ou at once that you were in 
no ordinary presence, and upon closer intimacj^ that you felt 
that you were under the influence and power of a great man; ' 
a. master spirit. In public, in his intercourse vvith men gen- 
erally as I have seen him, there was a hauteur, a dignit}' and 
ever a majesty that repelled rather than attracted men. At 
his own fireside, that feeling was entirely dispelled, and the 
boy even was drawn to him, listened to and talked to him, as 
though he were his equal. Such were the warm sj-mpathies, 
tender feelings, the. affectionate nature of this, to the world, 
reserved and haughty man. 

Mr. Peyton, as a legislator and Senator, representing 
Rockbridge and Augusta, 'made his mark as one of the lead- 
ing Statesmen of Virginia, stamping his genius and learning 
upon the statute laws of the Stale, establishing for himself 
such a reputation as would have placed him, had he been a 
member of the Senate of the United States by the side of 
Webster, Claj-, and Calhoun. But his love for home and fam- 
ily, devotion to his profession, and natural fondness for rural 
pursuits, suppressed all desire for public life and extended 
reputation. He was fond of horses, dogs, and the occupations 
of the country gentleman. Had he desired and entered pub- 



is-' 

lie life, his reputation would have been national, and he, a 
noted character in history. It is well here to say, that Mr. 
Peyton had been thoroughly trained, not only in classical and 
mathematical schools of the country in early youth, but was 
also a graduate, with the degree of Master of Arts, of Prince- 
ton College, where his great abilities were early and fully 
manifested and recognized by the erudite and eminent men 
under whose charge that institution of learning w-as then con- 
ducted. 

Mr. Peyton — then a young man — was a member of the low- 
er house of the I^egislature of Virginia in iSo8, 1809 and 18- 
10, from the count}- of Stafford, and wrote and offered a se- 
ries of resolutions, as chairman of a committee, raised upon 
certain resolutions adopted by the Legislature of the State of 
Pennsylvania, and communicated by the Governor of that 
State to Governor Tyler (afterwards President of the United 
States) with reference to an amendment to the Constitution, 
so as to prevent a collision betw^een the State Governments, 
and the Government of the Union, as to their judicial depart- 
ments, which preamble and resolutions, drawn by Mr. Pey- 
ton, were adopted unanimously bj- both branches of the Leg- 
islature. This important State paper can be seen in the 
Works of Daniel Webster, vol. III., pages 352, 353, and 354. 
So able and important were these resolutions at the time, as 
to attract the attention of the leading Statesmen of the coun- 
try, and guide the other States in the adoption of similar res- 
olutions, thus overthrowing the effort of Pennsylvania to es- 
tablish a separate and distinct judicial department as arbiter 
between the Federal and State Governments. 

In the great discussion between Daniel Webster and 
General Hayne, of vSouth Carolina, Mr. Webster, in his sec- 
ond speech in reply to Mr. Hayne, referred to and quoted the 



1S3 

preamble and resolution spoken of, as conclusive of that ques- 
tion as to admit of no further discussion. 

Mr. Webster was so much struck with Mr. Peyton's 
resolutions, that he wished to know something ot their au- 
thor. Meeting Daniel Sheffey, long one of the representa- 
tives in the Lower House of Congress from Virginia, the fol- 
lowing conversation, in substance, occurred. Mr. W. asked: 

"Do you know a gentleman in Virginia by the name of 
Peyton, the author of some resolutions in the House of Dele- 
gates in 1810, on the subject of a conflict between the gov- 
ernment of the Union and the State governments." 

"Yes." replied Mr. Sheffey, "he lives in Staunton, and 
is the leader of the bar in the circuit." 

"i am not suprised to learn it',' rejoined Mr. Webster. 

"Is he a speaker," .said Mr. Webster. 

"Not in a popular sense," replied Sheffey. "He is not a 
florid speaker, indulges in no meretricious di-splay of rhetoric, 
but thoroughly armed in the strength of his knowledge, re- 
search and cultivated ability-, without any effort to displa}^ it, 
he possesses gigantic power, and b}^ it he has risen to the 
head of the profession. And he is not only a great, but a 
good man." 

"It is a misfortune to your people and the country that 
such a man should not have been sent to Washington long 
ago," said Mr. Webster. "He would have maintained Vir- 
ginia's proud intellectual supremacy', and by the soundness 
of his views enhanced her influence."* 

At the death of Judge Stuart, in 1830, the vacancy oc- 
casioned by the death of that jurist, Lucas P. Thompson, of 

*In 1851-52, Mr. Webster then Secretary of State, dispatched his 
son, John Lewis Peyton, to Europe and expressed a wish to have him 
permanently in the diplomatic service. 



184 

Amherst county, then a young man who had distinguished him- 
self in the Constitutional Convention of 1829 and 1830, became 
a candidate for the office of Judge. Mr. Peyton was 
brought forward by his friends. Thompson had made him- 
self popular on the basis question, and was regarded as one 
of the most rising young men of his contemporaries. He 
was the junior of Mr. Peyton. My father, at that time, was 
a member of the House of Delegates from Augusta county. 
The contest for Judge came off. My father, the ardent ad- 
vocate of Mr. Peyton, was sustained in his opinion of him 
by some of the ablest jurists of Virginia, amongst them was 
Benjamin Watkins L^eigh, who said to him that "Mr. Peyton 
was the greatest lawyer west of the Blue Ridge." The then 
Senator from this district, a personal enemy, without cause, 
however, of Mr. Peyton, exerted all his popularit}' and pow'er 
in favor of Mr. Thompson, and on his election, said that he 
had accomplished a long cherished wish, that of defeating an 
ambition of Mr. Peyton. But he signally tailed. It is well 
known that Mr. Peyton did not wish the office of Judge, 
much preferred to retain the greatly more lucrative and 
equally honorable situation of public prosecutor, as in the 
interest of a large and growing family. 

Major James Garland, now Judge of the Hustings Court 
of Lynchburg, himself a great lawyer and statesman, about 
the time I went to the bar of Nelson county, said in a con- 
versation with me: "I was a member of the Legislature that 
elected Thompson. But for the course of the Senator from 
Augusta and Rockbridge, your father would have succeeded 
in the election of John Howe Peyton, than whom there is no 
greater lawyer in the Commonwealth." 

Mr. Frazier has so well described him as a common law 
lawyer and the most eminentprosecutor that Virginia has ever 



is:> 

had, that I forbear to say anything further with reference to that 
matter. That is a part of the history of the jurisprudence 
of this State. I will add, that I have seen his Coke Little- 
ton, (studied by him as a student of law,) with the marginal 
pages filled with annotations and references, indicating the 
application and devotion he felt for his profession. I am told 
that he had a grim way of preventing such as had not the 
ability from entering into the profession of the law. In his 
library there was a rare old edition of Littleton on Tenures. 
He considered this book as the basis of the laws of real prop- 
erty in England, and he thought that it should be first read 
without Coke's Commentary. When a young man desired 
to study law under him, whom he knew to have no capacity 
to succeed, he placed this work in his hands, asking him to 
read it again and again, and strive to understand it without 
recourse to the Commentary, and return for examination after 
a fortnight's or three weeks' perusal, of siich part as he had 
mastered. It rarely happened that the young man did not 
hand him back the book, at the end of a short time, announc- 
ing his purpose of seeking a livelihood in some other field. 
Thus he was instrumental in keeping some from the profes- 
sion, who, b}^ entering into the law, would have derived no 
profit to themselves, nor reflect credit upon the profession. 
And on thl other hand, when he discovered merit in a young 
man, no one was more prompt, active and generous in en- 
couraging it. 

His conversation with his son and myself above referred 
to, on Uses and Trusts, exemplified the fact that he had not 
forgotten, in his maturer what he had learned in his younger 
years. I have been told that Mr. Peyton had acquired the 
habit of reading, or at least looking over, Blackstone once a 
year, and it was rarely the case that he referred to prece- 



1S() 

dents and decisions of the courts, which has become the 
bane of the profession of this day, but for authority he went 
down to the deep foundations of the law, treating and re- 
garding it as a fixed and accurate science, not depending 
upon the opinion of this jurist or that, and thus arriving at 
just conclusions alike convincing to judge and jury. There 
have been many men whom the accident of applause or for- 
tune have made great, but few who were great in themselves. 
Amongst the latter, Mr. Peyton stands in the front rank. As 
a man, he was true, noble and generous; despising the low, 
vulgar and ignoble, and valuing only the pure and elevated; 
by genuine courtesy and kindness, he won all hearts, and by 
stern integrity he retained the golden opinions he gained. 
As a father and husband, he was active and earnest in his 
endeavois to fill the prt of a true man; as a lawyer he 
stood second to none, and by the breadth of his learning and 
knowledge, his clear and comprehensive manner, and his 
earnest and determined performance of duty as a public pros- 
ecutor, he has won a position such as few lawyers have ever 
attained. As a statesman, the high praise which his genera- 
tion gave him, the deep respect in which he was held by the 
eminent men of his time, and the undying record which his- 
torv bears to his genius and achievements, mark him as one 
of the great men of Virginia, who may be proud of her son, 
while she can justly regret that he should have sought pri- 
vacy and retirement, in preference to national glor}-. Mod- 
est, sincere, learned and determined, Virginia has had few 
to equal— none to surpass him. In the past, he moulded and 
controlled the opinions and actions of the times, so in the 
future may he ever serve as a model for the true and the 
good, and prove an incenive to the ambitious. May the young 
learn to emulate his life and example, while the old revere 
and respect his memory. 



1S7 
SKETCH OF JOHN HOWE PEYTON. 

BY 
JOSEPH ADDISON WADDELL, B. L. OF W. & L. UNIVERSITY. 



From my earliest recollection, I was familiar with the 
personal appearance of Mr. Peyton. His figure was too dis- 
tinguished to pass unobserved by even the youngest children 
in the streets of Staunton. He was tall, erect and portly ; 
his head set gracefully on his shoulders; his garments alwaj-s 
appeared to fit well, and exactly corresponded with his age 
and station; so that altogether, in his person, he came nearer 
my ideal of gentlemanl}- elegance than any one I have ever 
know^n. 

Mr. Peyton discontinued the practice of his profession 
before I w^as capable of forming an independent and intelli- 
gent estimate of his ability as a lawyer. During my boyhood 
I frequentl}' heard him speak in the Court-house; but I was 
then unable to appreciate forensic efforts. From the attention 
and the deference to his utterances shown by the citizens gen- 
erally. I had no doubt that he was a legal oracle. Accord- 
ing to my recollection of him, he never attempted flights of 
eloquence. There was nothing, I believe, flowing or ornate 
in his style. He used no "big words," but in the plainest 
language spoke directly to the question at issue, making him- 
self understood by the most illiterate iuryman; and whatever 
the verdict, he never failed to excite admiration for his abili- 
ty and the dignity of his deportment. He was often eloquent, 
in the highest and best sense of that word. While I was a 
boy I heard an intelligent citizen endeavoring to repeat a part 
of one of Mr. Pej-ton's recent speeches, which he seemed to 
admire very much, commenting at the same time upon the 



188 

simplicity of the phraseology and the absence of all mere 
rhetorical display. 

My impression of Mr. Peyton's talents is derived chiefly 
from my father's estimate of him. My father, although a 
physician, was fond of discussions at the bar, and during the 
sessions of the courts spent most of his leisure time at the 
court house. He considered Mr. Peyton a great lawyer, and 
a man of great intellect. Although fastidious in his taste 
and a severe critic, I never heard him speak otherwise than 
in terms of respect and admiration of Mr. Peyton's efforts. 

I well remember the scene in the old county court, when 
Mr. Peyton foimally retired from the bar. That tribunal 
was one of the most beneficent institutions which we inherit- 
ed from our mother country. The body was self-perpetuating 
and very careful to maintain its respectabilit}^ in the election 
of new members. To be a member of the Bench under that 
sj^stem, was generally conclusive of the fact that the individ- 
ual was worthy of and enjoyed the confidence and respect of 
the community. The Justices were not professional law^'ers, 
and depended greatly upon the attorney for the common- 
wealth for advice and assistance in Court. Mr. Peyton was 
for many years Commonvveath's Attorney for the County 
Court of Augusta, as he was also for the Circuit Superior 
Court. When he resigned his office in the former Court, the 
assembled Justices were visibly affected. They adopted res- 
olutions expressive of their appreciation of his ability, up- 
rightness and uniform and marked courtesy to the Court. 
He doubtless always exhibited the same respect for the 
County Court of Augusta, composed of his familiar friends 
and neighbors, professionally unlearned as they were, as he 
ever did for the Judges of the Supreme Courts of Virginia or 
the United States. The Justices were unwilling to give him 



189 

up, however, and as the next best thing to having him as 
their legal adviser, they elected him a member of their own 
body. He accepted the office in the spirit in which it was 
tendered, and I remember to have seen him on one or more 
occasions afterwards sitting on the County Court bench with 
the other Justices. 

While I have disclaimed any competency to speak of mj- 
own judgement, of Mr. Peyton as a lawyer, I had the pleas- 
ure of knowing him personall}" as intimately as a boy and 
youth could know a gentleman of his age and position. M5' 
father was his physician for many years before his death, and 
his confidential friend. I have heard it said of Mr. Peyton, 
and I believe truly, that if he liked a man he liked everything 
belonging to him — his children and even his dogs. Liking 
and trusting my father, he seemed to extend the same feeling 
to me. While I was still a small boy, he found me out, and 
wherever he met me would familiarly accost me by name. I 
remember to have encountered him on one occasion on the 
highway leading from town to Montgomery Hall; he could 
not let me pass without special notice. He stopped me on the 
spot and detained me for a considerable time in conversation. 
He was exceedingly fond of a good joke and his style of con- 
versation was often sportive. On the occasion referred to. 
there was something in his manner or expression suggestive 
of mirth and I was suspicious that he was amusing himself a 
little at my expense; }'et I parted from him with a feeling of 
elation at enjo3'ing the familiar acquaintance of such a man. 
He appeared to act habitually in the spirit of Lord Bacon's 
saying in his 52nd e.ssay "amongst a man's inferiors one shall 
be sure of reverence, and therefore it is good a little to be fa- 
miliar." His witticisms and sarcasms were keenly relished 
by my father, who rarely returned from a visit to him without 



11>0 

having- something of the kind to repo'rt. He had no tolera- 
tion for dishonest)', impudence or sham. To people whom 
he considered honest and well behaved, however, ignorant or 
lowly, he always felt and acted kindly, but from others, whom 
he thought iinworthy, he could not conceal his disapproba- 
tion. He was not in the habit of giving utterance to censor- 
ious or unfriendly remarks about persons, and I am sure I ne- 
ver heard him speak unkindly of any one. He was eminent- 
ly a just man in all his dealings with his fellow men. Re- 
quiring from others what was his due, he most scrupulously 
gave to every man whatever belonged to him, as far as he 
could. Suum qnipue tribute) is one of the few maxiums of 
Rudiman which I remember, and it after occurred to me in 
connection with Mr. Peyton. I early learned to regard him 
as the personification of justice. While Mr. Pej'ton was liv- 
ing I heard my father eulogize this trait in his character. 

I have no recollection of having been in Mr. Peyton's law 
office while he occupied it, but towards the close of his life, I 
often met him in his home. His manner then to me and other 
guests was all that could have been desired. He was not 
reserved and distant on the one hand, nor on the other did he 
embarrass b}' excessive attentions. Recognizing the presence 
of each visitor and extending a cheerful greeting, he made 
all feel welcome. His hospitality was proverbial. Possessed 
of ample wealth, he admitted a large number of persons to 
participate in it around his family table. Upon principle, he 
discountenanced wastefulness, but he used his money with an 
enlightened liberality, freely expending it for all useful and 
proper purposes, and contributing bountifully to all public 
enterprises. 

I have understood that Mr. Peyton had tor many years 
kept by him a last will and testament written by his own 



IDl 

hand. But about a year before his death, when he was phys- 
ically unable to write, except to sign his name, owing to 
some changes in his family or estate, he desired to execute a 
new instrument. It was necessary for him to obtain the as- 
sistance of a friend, and my father was called upon to aid 
him. On returning from Mr. Peyton's, one day in the latter 
part of April, 1846, my father handed to me a voluminous 
manuscript in his hand-writing, blotted and interlined, ac- 
companied by a request from Mr. Peyton that I would make 
a pair copy of it by a particular daj^ when the latter proposed 
to come to town and append his signature before witnesses. 
The copy was dul}^ made and on the appointed da}- Mr. Pey- 
ton came to my father's house. He selected as additional 
witnesses, Messrs. George M. Cochran and Benjamin Craw- 
ford, and I was dispatched to request the attenance of those 
gentlemen. While I was unwilling to appear obtrusive by 
remaining in the room uninvited, the scene interested me so 
deeply, that I could not go away entirely. Withdrawing into 
an adjoining apartment, I heard all the preliminary conver- 
sation, which I felt sure Mr. Peyton would not object to. 
He explained the provisions of the will, as far as he thought 
necessary, and appeared anxious to satisf}^ his friends pres- 
ent of the justice and propriety of his course. Amongst 
other matters, he referred to the noble sorrel horse which he 
had ridden for seven j-ears, and expressed a desire that the 
animal should be well cared for. When about to sign his 
name, he discovered my absence, and hearing him call for 
me I returned to the room, and in obedience to his wishes 
subscribed mj^ name as a witness. 

This scene greatly impressed me at the time, and has 
often recurred to me as one of the most interesting of my life. 
It was like the performance of an imposing drama. Mr. 



l'.)2 

Peyton, of course, was the prominent figure and chief speaker; 
his bodily powers impaired, but his intellect as vigorous as 
ever; his presence dignified and commanding; his conversa- 
tion flowing and sparkling like a stream of water in the sun- 
shine, while there was something more in the tone of his 
voice, in his manner and the expression of his countenance, 
by me indescribable, which greatly interested and almost 
charmed me. 

Mr. Peyton was always, as far as I know, a firm believer 
in the Bible and the great doctrines of the Christian religion. 
He was decided in his preference for the Episcopal Church, 
in whose communion he died, but he never was accused of 
bigotry. On the contrary, he respected and supported all 
good men of whatever denomination, and required no one to 
renounce his shibboleth, or to subscribe to his creed. 

The foregoing is a very imperfect sketch of one whom I 
greatly revered ; whom I found in 'all my intercourse with him, 
according to my ability to judge, a most polished gentleman; 
and whose kindly treatment of me during my boyhood and 
early youth, inspired me with feelings towards him akin to 
those of filial affection. 



D. S. YOUNG'S IMPRESSIONS OF 
JOHN HOWE PEYTON. 



To Col. John Lewis Peyton: 

Dear Sir: — Arising from a laudable motive, that of re- 
spect and veneration for the memory of 3'our late father, John 
H. Peyton, and the fact that I was intimately acquainted and 
associated with him for a number of vears before his death, I 



19H 

take pleasure in complying with your request and write out 
my recolections of him. Your request recalls memories of the 
past, and I underiake the task— a pleasing one to me — but 
with the regret that I feel incompetent to perform it in a man- 
ner satisfactory to those for whom it is intended. 

Men have their entrances and exits, each playing his part, 
and it has been truly said their works do follow them. This 
should be so. The works of a bad man should be held up as 
a beacon to warn off those who follow from the rock upon 
which he split and went down, whilst the work of the good 
man should be held up as a bright and shining litght to illu- 
minate the difficult and rugged paths of those who iollow af- 
ter. We all have faults, at least foibles, and it maj- be too 
often the case in the weakness of human nature that even 
slight faults and foibles are held in remembrance, whilst the 
good qualities are permitted to go down and slumber in the 
grave. Mr. Peyton would not have been human if without 
fault or foible, yet I recall none — none that could not be cov- 
ered with the smallest mantle of charity. 

Without falling at least into the modern idea of universal 
•equality, I undertake to say that Mr. Peyton was possessed 
of gifts and acquirements that made him the equal of any 
man. In physical developments he was quite a model, con- 
siderably over the average height of his fellow-men, well pro- 
portioned, with broad chest, and massive head, his personal 
appearance struck the most casual observer, who but eyed him, 
as one of nature's noblemen. 

Mr. Peyton belonged rather to the generation that has 
gone before that of the writer, consequently Mr. Pe3-ton was 
fully up to, if not be5'ond the meridian of life, when I 
became acquainted with him, which acquaintance com- 
menced about the year 1S27 and became intimate about 1839, 



194 

and so continued until his death, which occurred in April, 
1847. I therefore, had no personal knowledge of 
Mr, Peyton's early history, of his opportunities, education, 
&c. Judging, however, from his superstructure the founda- 
must have been deep and well laid. His information was not 
confined to one particular thing, his mind was well balanced 
and powerful. Success was his in anything on which he 
concentrated his powers. Having made the law his 
principal study and profession, and believing that the best 
road to succes, in life was in one pursuit, he stuck to it until 
far advanced in life. I hazard nothing when I express 
the opinion that there vas a time in Mr. Peyton's 
life, when with less push than other men who rose to distinc- 
tion, had he given up the forum for the rostrum, the light 
that he would have shed would have gone forth over the 
land. 

Mr. Peyton was by universal consent a lawyer from the 
commencement down to the latest statutes. As a counsellor 
he was alwa^^s ready to answer touching any legal ques- 
tions; as a speaker at the bar, alwaj^s pointed and direct, 
confining himself directly to the points at issue. His man- 
ner was lofty, his gestures graceful ; he hardly ever indulged his 
fancy, or attempted oratorical displays; never spread too 
much sail for his ballast, but just enough to keep him in the 
direct line of argument. His speeches were made to and for 
the court and jury, and not for outside consumption and com- 
ment. Asa high compliment to Mr. Peyton, when a young 
man he received from the late Judge Archibald Stuart, the 
appointment of Attorney for the Commonwealth for all the 
counties composing the judge's circuit. The judge knew too 
much of mankind to confer such an appointment on one in- 
competent or unworthy of the important position. In this 



195 

the venerable judge was not disappointed. The earliest re- 
collections of the writer are associated with seeing the ven- 
erable judge and his fine looking Attorney for the Common- 
wealth, passing the public roads from court to court, com- 
manding the respect of all good citizens, but a terror to evil 
doers. 

Mr. Peyton was continued in the office of Attorney for 
the Commonwealth after the death of Judge Stuart by ap- 
pointment from the late Judge Lucas P. Thompson. He also 
held the same appointment for the County Court of Augusta, 
and continued to hold both until 1839, when he was elected 
to represent the counties of i\ugusta and Rockbridge in the 
Senate of Virginia, which position he held until he was over- 
taken with sickness, from which there could be expected no 
recovery, when he gave up his position and retired to his 
home, Montgomery Hall, where he died, as before stated, 
April, 1847. 

As a husband and father, no man better stood up to his 
obligations. Having married a second time when somewhat 
advanced in life, he became the father of a large family of chil- 
dren. Seeing, as he did, that in the ordinary course of na- 
ture, he must leave a number of his children of tender years, 
ample provision for them was a matter of great solicitude. In 
this he was successful — he left them in comfortable circum- 
stances. 

In his dealing with his fellow-man, Mr. Peyton was scru- 
pulously honest. The word honest might express everything. 
Mr. Peyton was exact in discharging his obligations, and men 
who practice upon that idea with reference to their obligations 
generally e'xpect others to do likewise. He required nothing 
that was not clearly right, and he was not the man to tamely 
submit to a violation of his rights. His hospitality at his aU 



IDC) 

ways well supplied mansion was generous, cordial and elegant. 
He was a lover of law and order, and of pure religion. 
The writer is not informed whether or not he became an in- 
side member of the church before his death. He was, how- 
ever, what we may call an outside pillar of the Episcopal 
church (the church, I believe, of his ancestors) and contrib- 
uted liberally of his means in not only the support of that 
church, but to the building up of other churches and objects 
calculated to extend the Christian Religion. He was in favor 
of a sound progress (not much of a reformer) and gave a 
helping hand to all enterprises calculated to improve. 

I will now close this communication with an allusion to Mr. 
Peyton's generosity, and illustrate that by giving an incident 
that occurred many years ago. Such incidents are so few and 
far between, and when they do occur they ought to be record- 
on paper, as memory must fail. 

At the June term of the Circuit Court of Augusta coun- 
ty, eS-^Q, a young man who had procured his license to prac- 
tice law, presented himself at the Staunton bar, then well 
filled with able and experienced lawyers. Our young man 
had broken down at another pursuit, and had upon him the 
cares of a growing family. An important criminal trial was 
comino- on. Mr. Peyton was the leading and prsncipal coun- 
sel in the cause for the Commonwealth, the last of his life. 
Those two W'hole-souled and generous gentlemen, the late 
Judo-e Briscoe G. Baldwin and Thomas J. Michie, then at the 
bar, and in full practice appearing for the defence. Messrs. 
Baldwin and Michie seeing, no doubt, the hard struggle our 
young man w-as making, kindly proposed to him that if he 
desired to make an appea.ance at the bar, to select any of their 
cases and appear with them. Availing himself of this invi- 
tation, he proposed to them that he would select the criminal 



K»7 
case then coming on. That he would take no part in the ex- 
amination of the testimony, but would simph- make a short 
opening speech for the defence. The arrangement was assent- 
ed to and the young man took his position. After thus en- 
tering into the cause, he met with a gentleman of the bar who 
had attained considerable distinction, and said to him that he 
thought that he was venturing too far— a failure would be 
most disastrous. This was exceedingly discouraging to the 
young lawyer. It was however life or death, sink or swim, 
and he must go forward. The testimony gone through with, 
the argument came on. Mr. Fultz, who was assisting Mr. 
Peyton in the prosecution, opened the cause for the Common- 
wealth. Then came the trying time on our young law3er, 
when he arose and delivered his speech in about 35 minutes. 
Whether he had been of anj- service in the cause or not he 
could not tell, he did not feel however that he had made a 
failure. When turning round to take his seat Mr. Peyton in 
the most pleasing manner extended to the young man his 
right hand, took the hand of the young man and shook it 
most cordially, aud in the presence of a crowded Court-house, 
remarked in his emphatic way, 'Sir, you've made a good 
speech, a Aery good speech, indeed. Between Mr. Peyton and 
our young man there was no tie of blood or kindred, no obli- 
gation, whatever, on his part. He was surrounded with con- 
siderable waalth and friends; had made character and repu- 
tation; had just been elected to the State Senate of Virginia 
by a large majority. The young man was poor — compara- 
tively friendless; had never been surroundep by any adventi- 
tious circumstances; had by his own efforts and without ma- 
terial aid, worked his waj^ to the bar. This most generous 
.act of Mr. Peyton gave him encouragement; he went forward 
in the profession, and although he may not have attained dis- 



108 

tinction, he has had the respect of the profession, and used it 
as the means of raising a large family. And now, although 
forty winters have rolled over since the occurrence referred to, 
leaving the head of that then young riian almost as white as 
the frost, the manly form, pleasing face and generous conduct 
of Mr. Peyton are fresh and green in his memory, and he has 
here undertaken this imperfect sketch of his recollections of 
Mr. Peyton as a small tribute to his memory.* 

David S. Young. 
Staunton, Va., January 31st, 1879. 



LETTER FROM HON. GEO. W. THOMPSON, 



FORMERLY M. C. FOR THE WHEELING DISTRICT, W. VA., 
AND UNITED STATES DISTRICT ATTORNEY FOR WEST- 
ERN VIRGINIA. 

HIS IMPRESSIONS OF JOHN HOWE PEYTON. 

Steenrod, near Wheeling, W. Va., June iith, 1879. 
To Col. John L. Peyton, Staunton, Va.: 

Deal Sir — Your note of May 31st was torwarded to me 
at the "Hills" in Marshall county, and thence to the court at 
Clarksbur, from which I have returned this week. I have 
hastened, and possibly with too much haste, to reply to your 
note. Herewith I send you the impressions your father made 
upon me. It is perhaps a little severe and stern for the effem- 
inate men of these times, but the latter would be benefitted 
by comparison or contrast with the men of that day in which 

*The young man above mentioned was D. S. Young himself. 



199 

John Howe Peyton and Briscoe G. Baldwin were the samples 
of excellence. 

M}' acquaintance with John Howe Peyton became more 
intimate in 1828, when I was Attorney for the United States 
for the Western District of Virginia. He was then promi- 
nent as a remarkable man, and as an able and distinguished 
law3^er. He was a man of that tone and quality ot mind, 
which soft and vacillating natures, or other minds not well 
grounded in high principles of conduct, might term austere. 
The logical character of his mind was that of severity of 
thought, and well trained in historical criticism. From such 
a mental constitution and from such culture all his motives 
of conduct, public and private, may wellbe supposed to have 
been the convictions of principles. As a statesman such a 
man could not do otherwise than shape his public life to the 
loftiest patriotism, as a lawyer to the sternest integrit}- of pub- 
lic right and justice, and as a man to all that was above 
what was low, base, or corrupt, or even common-place. Hence 
as a part}' leader or defender of right he had no mere}', in the 
public discussions of his times, for the mere trickster and 
demagogue, as public prosecutor he had no compromises with 
crime or guilt, and as a lawyer was inflexible and profes- 
sionally just in the application of the principles of the law, 
which ue looked upon as a science which tended to secure 
the rights of men and preserve the purity of the general life. 
There were not many men who could make such quick and 
decisive analysis of facts, and generalise from them the prin- 
ciples by which thej' should be governed, and state the re- 
sults to which they lead, and this both in the domain of 
politics and of proiessional life. Young men, who desired to 
reach eminence and solid character, would seek his company 
and find a friend and counsellor, but not a companion in the 



L'OO 

familiar sense, while those of feeble texture of mind would, 
in a certain sense, be overawed and repelled. I should say 
his mind belonged to the Doric order^massive, almost 
severe in its simplicity, and strong, and in these qualities, 
conservative. 

With great respect and esteem, 
Yours truly, 

GEO. W. THOMPSON. 



2dJ 



PRESENTATION OF MR. PEYTON'S POR- 
TRAIT TO THE COUNTY OF AUGUSTA. 

In order to preserve, in a permanent form, the interest- 
ing proceedings on the occasion when Mr. Peyton's portrait 
was presented to the county of Augusta, the little pamphlet 
containing them and printed at the time, is here reproduced. 

The pamphlet was entitled: "John Howe Peyton. Cere- 
monies attending the presentation of his portrait to the 
county of Augusta." 

"Great men heighten the consciousness of the human 
race, and it is our grateful duty to magnify him whose 
genius magnihes mankind.'' 

(Printed for Private Circulation.) 



THE STOUT AND PEYTON CORRESPONDENCE. 



Staunton, October 29th, 1892. 
To Col. John L. Peyton: 

My Dear Colonel — In accordance with the wishes of 
the bar and people of the county generally, it is the purpose 
of the county court to place in the Court House, if they can 
be obtained, portraits of our eminent lawyers of tlie past. 
Among the most distinguished of our jurists was your father, 
Hon. John Howe Peyton, distinguished alike for liis varied 
abilities as a scholar, lawyer and statesman, fox the -extent of 



■M-2 

his learning and the purity of his private and public morals. 
For nearly forty years he displayed his great qualities on this 
theatre to the admiration and advantage of the public, and I 
trust you may be able to accede to my request and supply a 
copy, life size, of his portrait. 

I am, very truly, your friend, 

John W. Stout, 
Judge of Augusta County. 



Staunton, October 31st, 1S92. 
Hon. John W. Stout, Judge of Augusta County: 

Mv Dear Judge — I have had the honor to receive }our 
kind and courteous note asking for a copy of my father's por- 
trait, to be placed in the County Court House, among those 
of the eminent lawyers of Augusta, and hasten to say in re- 
ply that it will give me great pleasure to comply with your 
request. 

I have the honor to be, Judge, with great respect and 
esteem, 

Your friend, 

J. Iv. Peyton. 

In accordance with his promise to Judge Stout, Col. Pey- 
ton instructed Mr. Edmund Berkeley, of Staunton, to employ 
an experienced and competent artist of New York City to 
make, in oil, a portrait of his father. Some delay took place 
in the matter, as Col. Peyton had promised a portrait of his 
father to Washington and L,ee University, Lexington, which 
was executed bj- the same ar;ist and sent to Lexington last 
year. 

In the month of Jul}', 1894, the portrait of Mr. Peyton 



20:{ 



was finished in New York and expressed to Staunton, where 
it safely arrived. Col. Peyton duly advised Judge Chalkley, 
the successor of Judge Stout in the office of County Judge, of 
the fact and received the following letter from him. 



Staunton, Jul}' 2nd, 1894. 
My Dear Col. Peyton: 

I am very much pleased to know that the portrait of your 
father, Hon. John Howe Peyton, which was gotten by you at 
the request of Judge John W. Stout, to be hung in the County 
Court House, has arrived in Staunton. As far as it is in my 
province to speak, accept my assurances that it will be re- 
ceived by the people of Augusta county with the most cordial 
feelings toward you, and with the greatest admiration for the 
memory of one who has reflected so much credit upon Augus- 
ta county. 

It will give me great pleasure to go with you to the Court 
House at any time that it may be convenient to you, for the 
purpose of selecting a place to hang the portrait. 

Believe me to be, with the greatest respect and consider- 
ation. 

Verj- truly j'ours, 

LvMAN Ch.\lklev. 



A few days later, on behalf of the County Court, an in- 
vitation was extended to the leading families of the town and 
county to attend a public meeting of the count}' officials and 
the general public, at the Court House, on July 20th, at 12 
o'clock, M., when the portrait would be formally presented 



204 

to the county by Capt. Janies Bumgardner, Jr., on behalf 
of Col. Peyton, and be accepted by Major T. C. Elder on be- 
half of the county, these gentlemen, two of the ablest and most 
eloquent members of the bar, having been selected by Judge 
Chalkley for these pleasing duties. 



THE PUBLIC MEETING. 



The meeting announced to take place at 12 o'clock, July 
20th, for the reception of Mr. Peyton's portrait, was duly held 
in the Court House on the day and at the hour specified. It 
was largely attended by the county officials, among them 
Hon. Eyman Chalkley, Judge of the County, N. B. Watts, 
Sheriff, Wm. A. Burnett, County Clerk, and others, includ- 
ing the Supervisors, namely, Elijah Coiner, T. M. Smiley, 
H. B. Wilson, Samuel Forrer, Silas H. Walker, and Wm. A. 
Crawford, the members of the Bar and many others, among 
whom were a number of fashionable and elegant ladies, in- 
cluding Mrs. and the Misses Atkinson, Mrs. Elder and daugh- 
ter, Mrs. W, P. Tarns, Mrs. Wm. Frazier, Miss Malcomb, 
Mrs. W. E. Craig, &c., &c. 

On motion of Capt. Thos. D. Ranson, seconded by Wm. 
P. Tams, Esq., Capt. George M. Cochran was called to the 
chair. Capt. Cochran explained briefly the object of the 
meeting, when Capt. Bumgardner arose and said: 

CAPT. JAMES BUMGARDNER'S SPEECH 

Gentlemen of the Board of Supervisors. • 

The late lamented Judge Stout, who did much to entitle 



20;^ 

him to be gratefully remembered by the people of Augusta 
County, reqested that a copy of the portrait of John H. Pey- 
ton might be made, to be placed on the walls of this Court 
room. 

In accordance with that request the portrait has been 
made, and on behalf of Col, John Lewis Peyton and the other 
descendants of John H. Peyto^I deliver this portrait to you, 
as the representatives of the County of Augusta, in order that 
the purpose of Judge Stout may be carried into effect; and 
that this portrait may placed in that group of illustrious citi- 
zens, with all of whom he was closely associated in life, and 
with whom he is entitled to be grouped and remembered in all 
time to come, as one of the men who have made the Staunton 
bar famous and honored, and who in their day enjoyed and 
deserved to enjoy, the esteem and admiration of their coun- 
trymen. 

John H. Peyton was born in Stafford County. Virginia, 
in the year 1778. He inherited the virtues of patriotism, de- 
votion to duty, courage and honor from his father, who illus- 
trated them in the highest degree as a soldier of the Revolu- 
tion. His academic career was distinguished by faithful ap- 
plication and great ability, and he graduated at Princeton,. 
taking with high honors the degree of Master of Arts in the 
year 1797. After finishing his academical course he went 
earnestly to work to prepare himself for his professional career 
in which he rendered such faithful and honorable service to- 
the Country and in which he earned so much honor and dis- 
tinction. He studied law under the advice and tuition of 
Judge Bushord Washington of the Supreme Court of the Uni- 
ted States, and with his ability, and taught by such a master,, 
it is not surprising that the accuracy and extent of his legal 
knowledge placed him in the front rank of the great men of 



•2m 

his profession, who were his contemporaries. He commenced 
the practice of the law on the Fredericksburg Circuit. In 
the year 1806 he was elected as a Member of the House of 
Delegates from the County of Stafford, and was again elected 
in 1807. ^^s a debater he had no superior on the floor of the 
House. 

Mr. Peyton removed to Staunton and commenced the 
practice of the law in the Courts held in Staunton and the ad- 
joining Counties in the year 1808, and he devoted himself to the 
practice of the law from that time until near his death in 1847. 
His great and recognized ability in the practice of his profes- 
sion is shown by the fact that he was appointed Attorney of 
the Commonwealth for this Circuit immediately after his re- 
moval to Staunton, and three years later in 181 2, Attorney for 
the Commonwealth for Augusta County. Chapman Johnson, 
who said he himself was not suited for the office, resigning it 
that Mr. Peyton might be elected, whom he declared was the 
ablest public prosecutor in Virginia. During the 3'ear 181 2 
he served as Chief of Staff of General Porterfield. In his 
army service he established his reputation as an able, enter- 
prising and gallant officer. With the exception of his service 
in the House of Delegates, in the Senate and in the Army, 
his time and energies were spent in the arduous duties of his 
profession. 

He was Mayor of Staunton in the years 18 16 and in 181 7, 
but his performance of the duties of that office was not, of 
course, any serious interruption to the laborious work of his 
profession. From 181 2 (when he was appointed Attorney for 
the Commonwealth for the county of Augusta,) he filled that 
office continuously until 1844, serving in the mean time for 
two terms in the Senate of Virginia from 1836 to 1844, when he 
resigned from ill health. And now, because sirs, during that 



207 
long period he was one of the great men of this bar, because 
he was one of the great citizens of Augusta and of Virginia, be- 
cause it is of interest and benefit to the Commonwealth , that the 
memory of her great and able men be preserved and cherished, 
this picture was asked for, that its presence on these walls 
might be a perpetual evidence of his ability and virtues, and 
evidence of how the people of this county recognize, reverence 
and honor those loftj' attributes of mind and heart, which 
give fame and distinction to the locality in which they are 
displayed. It is now lorty-seven years since Mr. Peyton 
passed away. Since his death nearly two generations have 
been born and died. Of the men now living in this county 
very few personally knew Mr. Peyton, or personall}- know 
the position he occupied in the estimation of the bar, of the 
men, and of the community of his daj' and time. That posi- 
tion is clearl}^ shown by the written expressions of manj- 
great men of his day, and as these expressions will convey a 
clearer idea of Mr. Peyton's character than I am able to give 
in any other way, I think it most proper on this occasion to 
quote them. 

Mr. Peyton was the author of the celebrated report op- 
posing the Amendment of the Constitution of the United 
States, proposed by the State of Pennsylvania, for the alleged 
purpose of preventing collisions bet>veen the Federal Govern- 
ment and the State Governments; concerning which report 
Mr. Webster said, that "the reasoning and conclusions were 
unanswerable" and on another occasion said, "it was a mis- 
fortune that he was not in Congress." 

Benjamin Watkins Leig said "He was the greatest law- 
yer west of the Blue Ridge." 

Chapman Johnson said, "He was the greatest criminal 
lawyer and public prosecutor I have ever seen." 



Judge Henrj' St. George Tucker said, "He wasone of tlie 
-most profound and learned of lawyers," 

Daniel Sheffy said, "He possessed gigantic power with- 
out effort, and was not only a great but a good man." 

Major James Garland, of Lynchburg, said, "There was 
no greater lawj'er in the Commonwealth." 

Judge Alexander Rives wrote that "I know no lawyer in 
Virginia for whom I have the same admiration, respect and 
^esteem." 

John B. Baldwin said, "He was the greatest common-law 
]lawyer he ever knew." 

Judge JBriscoe G. Baldwin said, "He had more strength, 
, originality and learning than any lawyer of his acquaintance." 

Judge lyUcas P. Thompson said, "His sentiments wrere 
illuminated by genius." 

3idney S. Baxter, late Attorney General of Virginia said 
."No lawyer in Virginia equalled him in debate." 

Thomas J. Michie said of him: "That he was a man 
Avho had served h,is country with distinguished abilitj^ in va- 
rious civil positions in time of peace, who has honorably 
and gallantly served and sacrificed his property in time of 
war, a man whose honor and integrity have never been im- 
peached in this^qr anj^ other community." 

Judge R. C. L. Moncure in speaking of him as a young 
•^wyer said: "He took a position on being admitted to the bar 
, which ilproug^t h,im immediate and continued popularity as a 
lawyer, a pleader and a scholar." 

T. M. Green, a distinguished lawyer and author, of Ken- 
tucky, said; "John Howe Peyton was eminent a as law3'er, 
statesman and orator." 

Professor J. T. L. Preston, late of Virginia Military In- 



209 

stitute, said: "He was a champion in every branch of his 
profession." 

The late James D. Davidson, of Lexington, said: "I re- 
garded him altogether as a superior being." 

The late William Frazier said: "His pleadings were 
master pieces of art." 

The late Judge McCue said: "In his discourses he dis- 
played a soundness of view, an extent of research, a manliness 
■of principle, an accuracy of learning and a vigor of style sur- 
passing anything I ever heard." 

Mr. Peyton was as eminent for stern integrity as for learn- 
ing and ability, and in that connection a writer, whose name 
I willnot call, as he is still living, said: "I never knew a 
man who had more of what Edmund Burke styled "the 
chastity of honor which felt a stain like a wound." 

I have heard many lawyers who personally knew Mr. Pey- 
ton as a lawyer, speak of him, and, without exception, they 
placed him in the very front rank of the great lawyers of his 
•day, and the late Judge H. W. Sheffey, with whom I was as- 
sociated for so many years as a partner, spoke of him often and 
alluded to his appearance in a celebrated cause, which at the 
time of the trial, made a most profound impression upon the 
community and said that Mr. Peyton's description of the 
facts connected with the corpus delicti, and the behavior of 
the accused at the time was the most dramatic, powerful and 
stirring burst of eloquence he had ever heard or read, and 
that during the utterance of the speech there was not a dry 
•eye in the crowded Court House. 

It will be observed that these statements are made by 
men qualified in the highest degree to estimate justly human 
character and ability, and who had the very best opportunity 
of judging the character and ability of Mr. Peyton, as chey 



I'lO 

were intimately associated with him at the bar and in public 
life; and their testimony therefore is conclusive, that Mr. 
Peyton was a man of commanding ability, of the highest 
culture, of profound legal learning, of the sternest integrity 
and the strictest honor, and is worthy to be commemorated in 
the manner proposed b)^ placing this portrait in the group 
which now adoMis these walls, and I now take great pleasure 
in presenting it to you for that purpose." 

At the close of his discourse the audience warml}^ applaud- 
ed Captain Bumgardner, as it had repeatedly done during its 
delivery. 



MAJOR EIvDER'S ADDRESS. 



Major Elder then rose and spoke in the folio ving terms: 
To Col. John Eewis Peyton whom I see before me, and 
who by right of primogenture now stands at the head of the 
descendants of John Howe Peyton, and through him to all the 
descendants of this eminent man, I would say that the people 
of the county of Augusta, represented by the Judge of their 
County Court and Board of Supervisors, have requested me to 
signify the acceptance by the count}' of the admirable portrait 
of Mr. Pej'ton which has just been tendered it by Capt. 
Bumgardner in such appropriate and beautiful terms. Col. 
Peyton, in presenting to his native county this portrait of his 
distinguished father, has done well, in that he has at once 
performed an act of filial piety and conferred a public benefit; 
for whilst Col. Peyton has by this act given apt expression to 
the tender and loving relations which should exist between a 
dutiful son and an honored parent, it must also be remen:- 



•_>n 

bered that the father whom he loved so well was amongst the 
most distinguished of Augusta's adopted sons, and she is 
now given an opportunit}- of manifesting towards him those 
sentiments of affection and pride which a mother cherishes 
for her honored children. Individuals and families honor 
themselves in honoring their worthy ancestors, and commu- 
nities and states offer the highest incentive to industr}-, virtue 
and patriotism by honoring the memory of those who have 
filled the public stations with fidelity and zeal for the public 
good. 

I shall not attempt a biographical sketch of Mn Peyton. 
Capt. Bumgardner has told us of his birthplace and honorable 
lineage, of his collegiate education and subsequent preparation 
for the bar, of the commencement of his professional career m 
his native county of Stafford, and in connection therewith ol 
his early selection for the office of Commonwealth's Attorney 
for that county, and of his having been chosen several times 
to represent it in the popular branch of the general assemblj^ 
of the State before his removal to Staunton in 1808. We have 
also been told of the course of his life after his removal to this 
place. Some account of his merits must have preceded him, 
for almost immediately after settling here he was appointed 
Commonwealth's Attorney for this Circuit by its presiding 
judge, and in two or three years afterwards the distinguished 
Chapman Johnson resigned the office of prosecuting attornex^ 
for this county, in order, as it is said, that Mr. Peyton, be- 
cause of his peculiar fitness, might be chosen for the place. 
It seems that from the time Mr. Peyton came here to live un- 
til he was disabled by the disease that ended his life, his time 
and talents were devoted to the study and practice of his cho- 
sen profession; for he belonged to that class of lawyers who 
do not stop studying when they begin to practice. Dviing^ 



211' 

almost the whole of his professional life in this county lie 
was Commonwealth's Attorne}- either for the County or the 
Circuit, and for the most part for both. The reputation he 
made as a prosecuting officer has rarely, if ever, been excelled 
in this State. 

But whilst devoted to the law, which he studied as a sci- 
ence, and practiced only as a great and noble profession should 
be practiced, he was by no means unmindful of the duties he 
owed the community in which he lived and the State and 
country of which he was a citizen. As a military officer of 
the war of 1812, and as a member of the Senate of Virginia 
for a number of years, he discharged his duti-^-s incumbent 
upon him in these positions with honor to himself and with 
benefit to the State. And over the public assemblage of the 
people of this town and countj^ occurring in his da}', he was 
frequently called on to preside, upon which occasion he always 
acquitted himself with dignity and grace. He took a lively 
interest in everything of a public character that was going 
on around him. 

He was one of those who think that every man should 
be more than his work: wider and higher than the business 
or calling by which he earns his dailj- bread. Some there are 
indeed who, whilst thinking this should be so, have barely 
the capacity to- discharge the duties of their vocations, and 
are w^ithout time or strength for anything else: and hence 
must submit to be driven — 

"Round the daily .scene 

Of sad subjection, and sick routine,"" 

until death relieves them of their bondage. 

But we have been told by Capt. Bumgardner that Daniel 

Sheffey, a competent judge surely, in speaking of Mr. Peyton, 

^said — "He possessed gigantic power without effort." No 



greater compliment conld be paid to the intellect of any man. 
Mr. Peyton had time enough to become great in his profes- 
sion, and to spare for^other things. With him his daily work 
was a pleasure rather than a burden. Fortunate indeed is the 
man who is so gifted. The consciousness of the possession 
of such powers and the use of them in the right directions 
must be a delight to the possessor. 

This appears to have been the thought of Macauley, when 
contemplating Milton in his poetic flights, after the construc- 
tive and artificial parts of his was done, he fancies the great 
poet might have said to himself :^ 

"Now nij- task is smoothly done 
I can fly, or I can run." 

Nature was in various ways lavish in the bestowal of her 
favors upon him of whom we speak to-day. Not only did she 
endow him with high intellectual gifts, but he had mens sana 
hi sana corpore. He was a large, well proportioned man, 
of dignified bearing and pleasing address, with a glow and 
color indicative of a fine physical constitution. Like jewels 
in a setting, at once strong and graceful, the mental powers 
of Mr. Peyton were displaj^ed to the best advantage through 
his magnificent form and presence. How we all do admire 
intellectual power, and if associated with physical size and 
strength and manly beauty, we admire it all the more. But, 
it may be repeated, intellectual power, talent and genius are 
always admired for their own sake. The fact that they are 
associated with bad moral qualities, and indeed with great 
vices, does not wholly deprive them of their chcirm. Lord 
Bacon, sometimes described as the "greatest, meanest of 
mankind," will never cease to be admired by even the best 
of men for his towering and resplendent intellect. Satan, as 
depicted b}" Milton, while revolting in the hideousness of his 



1^14 

moral deformity, excites our interest, and, in a sense, extorts 
our admiration b}' the grandeur and independence of his mas- 
terly mind. But it was the crowning excellence of him 
whose memor}^ we honor to-day, that he was as pure and no- 
ble in heart as he was great in mind. In him there was that 
fine and harmonious combination of high moral qualities and 
great intellectual powers which make the model man. This 
combination of moral and intellectual qualities is what so 
greatly commended this man to the regard and esteem of his 
contemporaries, and it is what still keeps his memory fresh. 

And the moral qualities now referred to are not merely 
such as truth, sincerity, honesty and integrity, which, and 
the like of which, Mr. Peyton, it is true, possessed in an emi- 
nent degree, but also the rarer virtues of firmness, self reliance 
persistence in the right, fearlessness in the discharge of duty. 
a strong sense of justice and a refined sense of honor. 

And displaying constantly, as he did, these noble qualities 
in the practice of his profession, he left the lawj^ers of this 
bar and of the bar throughout the State an example worthy 
of the closet imitation. In the discharge of his duties as a 
prosecuting attorney, whilst he never permitted those he be- 
lieved to be guilty to go wholly unwhipped of justice if he 
could prevent it, on the other hand he would have considered 
it a crime in himself to have asked for the conviction of one 
whose guilt was not sufficiently established. He was an in- 
dependent and conscientious practitioner in the civil depart- 
ments of his profession. Well it is for the lawyers of the 
present day, and well it will be for those who are to follow 
them, that the portrait of such a lawyer should be ever look- 
ing down upon them from the walls of this hall of justice. 

Its presence here will be at once an inspiration and a re- 
straint. 



215 

With the form and features of John Marshall, the great 
expounder of the Federal Constitution and the founder of 
our Federal Jurisprudence, and with the forms and features of 
such of his disciples as John H. Peyton, Thomas J. Michie 
and John B. Baldwin, ever before them, the lawyers who 
come here to practice their professson should not go wrong. 

Nor is the presence of the portraits of these great men 
in this public place without its purifying and elevating influ- 
ence on the great body of the people who are wont to congre- 
gate here. Every community is deeply interested in the 
qualifications and character of its lawyers. L,ike people, like 
bar. If the people want clean and competent lawj-ers to 
transact their business, such will be forthcoming; if, on the 
other hand, lawyers of a different kind are wanted and en- 
couraged, they will abound. 

But it is not only because the men whose likenesses adorn 
these walls were great lawyers that they are entitled to the 
admiration of the public; but also because they were upright 
and honorable in all the relations of life, both private and pub- 
lic. In political matters they were candid and straightforward, 
and, above all things, patriotic. They were not office-seekers, 
So far as they were office-holders, the offices sought them. 
None of Mr. Peyton's cotemporaries ever supposed that he 
would of his own motion actively seek a political office. But 
when the people amongst whom he lived desired his services 
in a public capacit}^ they were not withheld; and thej- were 
rendered with strict regard to the public interests and with- 
out any regard at all to his personal promotion. With him, 
and with those like him, public office was indeed a public 
trust. John Howe Peyton was never the man to sacrifice a 
political conviction for office. He was a leader rather than a 
follower of public opinion, and he always guided it in the ways 
of justice, of honor, and of patriotism. 



What was it that first gave to this county of Augusta 
her high and enviable position amongst the counties of \'ir- 
ginia? It was the custom of putting forward her best men to 
represent her in the legislature, and in the various public as- 
semblages of the State. The name of Augusta is indissolubly 
linked with the names of her distinguished sons who are gone. 
In the eloquent language of a great patriot — "The past is at 
least secure." 

I claim to be a man of progress, and I trust duly appre- 
ciate the wonderful advances of recent j-ears in the develop- 
ment of the resources and material wealth of our State and 
Countr}' and in diffusion of education and other blessings; 
but at the same time, I would hold fast to the former things 
that are good. In this respect at least, if necessity required, 
I would rather adopt the motto engraved on the public seal of 
oxir conntry Recleant in auruni secula priscum, "Let the 
ages return to the first golden period." 

May God bless the county of Augusta and^may He raise 
up men, great and true, to serve and honor her in the future 
as John H. Peyton and her two other sons whose portraits 
adorn these walls served and honored her in the past. 

When Major Elder resumed his seat he was greeted with 
loud applause. 



COL. JOHN L. PEYTON'S REMARKS. 

Silence being restored there were calls from all parts of 
the house for Colonel Peyton, who came forward in response 
to them and spoke in substance as follows: 

He said he was taken entirely by surprise, but gladly 
availed himself of the occasion to thank Captain Bumgardner 



217 

and Major Elder for their polished and eloquent speeches, and 
the lofty tributes they had paid to his father; he was pleased 
that his father's portrait would henceforth adorn the walls of 
this hall, which had so often resounded to his eloquence, and 
would be evermore displayed in the midst of a people he 
loved so well, and ior whom he labored so faithfullv. He 
confessed to a devout veneration for great and good men — the 
heroic masters in virtue, and felt a desire to exalt them as 
ideals, which would exert an influence to mould to their like- 
ness those who earnestly contemplated them. Leaving out 
of view all other aspects of his father's character, he might 
be permitted to say that no man had a deeper or more inex- 
tinguishable thirst to promote human libert}- and happiness, 
and such was his unselfish patriotism that it could be truly 
said of him that it ever was "his country first, his- country 
last, his country all the time. [Loud applause.] 

HON. JOHN RANDOLPH TUCKER'S LETTER. 

Major Elder then read the following letter from Hon. J. 
Randolph Tucker. 

Lexington, Va., July i<Sth, 1894. 

T. C. Elder, Esq.: 
Mv Dear Friend: — 
I should be glad to be present at the presentation of the 
portrait of the late Hon. John Howe Peyton to the county of 
Augusta, and to hear the addresses appropriate to its presenta- 
tion and reception, delivered by Capt. Bumgardner and your- 
self. 

The adornment of your Court House by the pictures of 
the men whose genius has honored the county, and whose 
eloquence still lives in the memory, as its echoes linger in the 



■2\H 

walls of the old forum of its mighty people, is a noble method 
of perpetuating the virtues of her great men and holding them 
up as a models and examples for the rising generation. 

I was too young to know and fully appreciate the emi- 
nent abilities of Mr. Peyton as they deserved to be. But I 
remember him, when as a boy, in 1839--40, I traveled with 
him from Charlottesville to Richmond, when the snow ob- 
structed travel and detained us at Trevilian's for more than a 
day. His genial and cordial manners to a lad [Mr. T. was 
then about 19 years of age] and his charming conversational 
powers, mingling vivacity ot humor, with grave disquisition 
on more serious matters— fascinated me then, and so live in 
m>- memory as to make me sympathize in all honors done to 
his name, and attract me to the scene where that is to be so 
worthily manifested. 

But I am not quite well and my duties here forbid my 
attendance on the occasion. 

In full sympathy with the occasion, and wishing the cer- 
emonies to be fully successful, I am, sincerely. 

Your friend, 

J. R. Tucker. 



Major Elder then remarked that he had just been fur- 
nished by Judge George M. Harrison with an extract from a 
speech made by Mr. Peyton when only twenty-two years of 
age — a speech made to the grand jury of his native county — 
which threw a light upon Mr. Peyton's whole life and charac- 
ter as a public prosecutor. The Major then read this extract 
from Mr. Peyton's speech: 

'"The history of man from the primeval simplicity of 



21 1> 

our first parents to the present clay has satisfactorily 
proven that neither the dictates of reason, the light of 
philosophy, nor the divine precepts of our holy religion 
furnish adequate restraints to his vicious propensities." 

The meeting then, on motion of the Hon. Marshall Han- 
ger, adjourned. 

Geo. M. Cochran, 

Chairman. 



EDITORIALS FROM THE STAUNTON PAPERS. 

It will not be uninteresting in this connection to read the 
following editorials from the leading Staunton papers. 

In the Daily Post of the same evening, this article ap- 
peared: 

JOHN HOWE PEYTON. 



PORTRAIT OF THIS EMINENT VIRGINIA JURIST PRESENTED TO 
THE COUNTY. 



CAPT. JAMES BUMGARDNER MAKES THE SPEECH OF PRESENTA- 
TION, AND MAJOR ELDER THAT OF ACCEPTANCE — 
BRIEF SKETCH OF HIS CAREER. 

As previously announced, the oil portrait of the late Hon. 
John Howe Pejton, which, at the suggestion of the late Judge 
Stout and the Board of Supervisors was placed in the Court 
House of Augusta County, was formall}' presented and re- 
ceived to-da}- at noon. 

Captain George M, Cochran presided over the meeting. 



220 

The jury box was occupied by the Supervisors and within and! 
around the bar inclosure was gathered many of the leading 
members of the bar, ladies and relatives of the late Mr. Pe^'- 
ton. Among them was Captain James Bumgardner, who, 
on behalf of the family of Mr. Peyton made the formal pre- 
sentation address. Major Thomas C. Elder, who received the 
portrait on behalf of the county. Colonel John L. Peyton, son 
of the gentleman honored, Mrs. Peyton and others. The 
portrait was hung in its place upon the north wall in rear of 
the bench and to the east of that of the late Chief Justice 
Marshall. 

Captain Bumgardner's address reviewed the circum- 
stances leading up to the presentation, and the life and emi- 
nent achievements of the distinguished jurist. His address 
was chiefly biographical, and quoted many distinguished gen- 
tlemen in eulogy of Mr. Peyton as a complete lawyer, patriotic 
citizen, and great and good man. He was born in Stafford 
County, April 3d, 1778; was educated in Fredericksburg and 
at Princeton, from which he was graduated with the A. M. 
degree, studied law under Judge Bushrod Washington, of the 
United States Supreme Court, and further equipped himself 
for his profession by an extensive course in literature. In 
1799 he began the practice of law in Fredericksburg, and soon 
achieved distinction. In 1804 he married Susan, daughter 
of William S. Madison, a cousin of President James Madi- 
son. In 1806 he was elected to the Virginia House of Dele- 
gates, and served with ability for four years. He was con- 
sidered the most brilliant debater in that body. A series of 
resolutions written by him opposing a constitutional amend- 
ment providing a tribunal to settle disputes between the State 
and Federal Judiciary were quoted by Daniel Webster in 
his memorable debate with Hayne, and were characterized 
by him as unanswerable. 



221 

In 1808 Mr. Peyton located in Staunton and was made 
Public Prosecutor of the Judicial Circuit of Augusta, Albe- 
marle, Rockingham and Rockbridge. During the war of 1812 
he served with distinction on the staff of General Porterfield, 
and on his return was made Ma^'or of Staunton. In 1822 he 
was married to Miss Ann Montgomery, daughter of Colonel 
John Lewis and his wife, Mary Preston. 

In 1836 he was elected State Senator from Augusta and 
Rockbridge, and served there until 1845, when he resigned. 
In June, 1844, after a continuous service of 32 years, he re- 
signed the office of Commonwealth's Actorney for Augusta. 
He died at Montgomery Hall, near Staunton, April 29, 1847. 

Maj. T. C. Elder, on behalf of the county, received the 
picture in a polished and scholarly address, which was gen- 
erally pronounced one of the finest addresses of the kind ever 
heard here. The son, said the speaker, had done an act of 
filial piety and at the same time a service to his county in 
presenting this portrait of his honored father. The speaker 
then reviewed the career of Mr. Peyton, paid a splendid trib- 
ute to his legal abilities, w^hich was acquiesced in by many 
of Virginia's most distinguished men. He held up for the 
emulation of the bar his untarnished integrity, devotion to 
duty and loftiness of life and purpose as exhibited in his 
practice in this court, and referred to the portrait along with 
those of Michie and Baldwin as among the household gods 
of the county. In the name of Judge, Supervisors and peo- 
ple he accepted the portrait and promised that it would be 
highly prized. 

Col. John L. Peyton, being called for, responded briefly, 
thanking the gentlemen who had spoken for their lofty trib- 
utes to his father. 

The meeting then adjourned. 



[From Staunton Spectator.] 
PORTRAIT OF HON. JOHN HOWE PEYTON. 



PREvSENTED TO THE COUNTY OF AUGUSTA BY HIS SON 
COL. JOHN LEWIS PEYTON. 



At the request of the late Judge Johu Stout, Col. John L. 
Peyton had a portrait of his distinguished father painted to be 
presented to the count}' to be placed on the wall of the Court- 
room beside the portraits of Chief Justice John Marshall, Thos. 
J. Michie, and Col. John B. Baldwin. The formal presenta- 
tion of this portrait took place at a meeting held in the Court 
hotise at 12 o'clock last Friday, July 20th, at which the Su- 
pervisors of the County, the members of the Staunton Bar, 
some ladies, and a large ntimber of others were present. 

On motion of Capt. Thos. D. Ranson, Hon. Geo. M. 
Cochran was made Chairman of the meeting. 

On taking the chair, heannounced itsobjectand said that 
the meeting was ready lor business. Then Capt. Jas. Bum- 
gardner, on behalf of Col. John L. Peyton, delivered the pre- 
sentation speech, which was done in fine style He prefaced 
his speech, with the following remarks: — 

"Gentlemen of the board of Supervisors: 

The late lamented Judge Stout, who did much to entitle 
him to be gratefully remembered by the people of Augusta 
county, requested that a copy of the portrait of John H. Pey- 
ton might be made, to be placed on the wall of this court room. 

In accordance with that request, the portrait has been 
made, and on behalf of Col. John Lewis Peyton, and other de- 
scendants of John H. Peyton, I deliver this portrait to you. 
Augusta, in order that the purpose of Judge Stout ma}- be car- 



ried into effect: and that this portrait may be placed in that 
group of illtistrious citizens, with all of whom he was close- 
h^ associated in life, and with whom he is entitled to be group- 
ed and remembered in all time to come, as one of the men who 
have made the Staunton bar famous and honored, and who in 
their day enjoyed and deserved to enjoy the esteem and ad- 
miration of their countrymen." 

Then followed a very interesting succinct biographical 
sketch of the able lawyer, orator, and legislator whose portrait 
he was deputed to present to the county. It embraced Mr. 
Peyton's distinguished services from his early manhood to the 
time of his death in 1847. Capt. Bumgardner quoted the re- 
marks of quite a number of able lawyers and others, the con- 
temporaries of John Howe Peyton, as to his ability as a lawyer 
and legislator, and all concurred in the opinion that he was one 
of the ablest lawyers of the State of Virginia, and Virginia 
has had, and still has, a great many very able and learned 
lawyers. We regret that we have not space for these eulo- 
gistic quotations. They show that he w^as not only an able 
lawyer, but a great and good man, whose integrity and patri- 
otism was above reproach. 

After the quotations from these distinguished men, Capt. 
Bumgardner concluded his address as follows: 

"It will be observed that these statements are made by 
men qualified in the highest degree to estimate justly human 
character and ability, and who had the very best opportunity 
of judging the character and ability of Mr. Peyton, as they 
were intimately as.sociated with him at the bar and in public 
life, and their testimony therefore is conclusive, that Mr. Pey- 
ton was a man ot commanding ability, of the highest culture, 
of profound legal learning, of the sternest integrity and the 
strictest honor. And it is worthy to be commemorated in the 



•224 

manner proposed b}' placing this portrait in the group which 
now adorns these walls and I now take great pleasure in pre- 
senting it to you for that purpose." 

Then Major Thos. C. Elder on behalf of the Supervisors 
of the county made his speech accepting the portrait, which 
duty he performed in good taste and in an able and admirable 
manner. He began his speech by referring to the donor of the 
portrait and said: — 

"To Col. John. Eewis Peyton, whom I see before me, and 
who b\' right of primogeniture, now stands at the head of the 
descendants of John Howe Peyton, and through him to all the 
descendants of this eminent man, I would say that the people 
of the county of Augusta represented by the judge of their 
county court and board of supervisors have requested me to 
signify the acceptance by the county of the admirable portrait 
of Mr. Peyton, which has been tendered it by Capt. Bumgard- 
ner in such appropriate and beautiful terms. Col. Peyton, in 
presenting to his navtive county this portrait of his distinguish- 
ed father has done well, in that he has at once peformed an 
act of filial piety and conferred a public benefit: for whilst 
Col. Peyton has by this act given apt expression to the ten- 
der and loving relations which should exist between a dutiful 
son and honored parent, it must also be remembered that 
the father whom he loved so well was amongst the most dis- 
tinguished of Augusta's adopted sons, and she is now given 
an opportunity of manifestating towards him those sentiments 
of affection and pride which a mother cherishes for her honor- 
ed children. Individuals and families honor themselves in 
honoring their worth}- ancestors, and communities and States 
offer the highest incentive to industry, virtue and patriotism 
by honoring the memory of those who have filled public sta- 
tions with fidelity and with zeal for the public good. 



Then Major Elder spoke of the great abilities and noble 
virtues of John Howe Pe^-ton. It was the happy combination 
■of both that made him the great and good man that he was. 
The good influence of such a character was ably presented, 
and the beneficial effect of the presence of the portrait of such 
a man in the court-room would have on the bar. 

We regret that we have room only for a few brief extracts 
Avhich we give as follows: — 

"But we have been told by Capt. Bumgardner that Daniel 
ShefFey, a competent judge surely, in speaking of Mr. Peyton 
said: "He possessed gigantic power without effort." No 
.greater compliment could be paid to the intellect of any man. 
Mr. Peyton had time enough to become great in his profes- 
sion and to spare for other things. With him his daily 
work was a pleasure rather than a burden. Fortunate indeed 
is the man who is so gifted . The consciousness of the pos- 
session of such powers and the use of them in right directions 
must be a delight to their possessor. ' ' 



"But it is the crowning excellence of him whose mem- 
'ory we honor to-day, th?t he was as pure, as noble in heart 
as he was great in mind. In him there was that fine and har- 
monious combination of high moral qualities and great intel- 
lectual powers which makes the model man. This combina- 
tion of moral and intellectual qualities is what .so greatly com- 
mended this man to the regard and esteem of his cotempora- 
ries, and in what still keeps his memory fresh." 



*'Well it is for the lawyers of the present day, and well it 
will be for those who are to follow them, that the portrait of 



:l-20 

such a lawyer should be ever looking down upon them from 

the walls of this hall of justice. 

Its presence here will be at once an inspiration and a re- 
straint. 

With the form and features of John Marshall, the great 
expounder of the Federal Constitution and the founder of our 
Federal jurisprudence, and with the forms and features of such 
of his disciples as John H. Peyton, Thos. J. Michie and John 
B. Baldwin, ever before them, the lawyers who come here to 
practice their profession should not go wrong." 

At the oonclusion of Major Elder's speech, calls were 

made on Col. John L. Peyton, who arose and responded in a 

few brief remarks which can be found on another page of this 

book. 

[From Yost's Weekly.] 

PRESENTATION OF A PORTRAIT. 



A goodly company, including a number of ladies, assem- 
bled in the Court-house at noon on Friday last to witness the 
presentation to Augusta County of the portrait of Hon. John 
Howe Peyton, than whom the old county never had a more 
distinguished son, for although born outside of her confines, 
the major part of his long and useful life was spent in her ser- 
vice, and the lustre of his fame forms one of her richest heri- 
tages and indissolubly interwoven with her history and prog- 
ress. 

The meeting was called to order by Capt. T. D. Ranson, 
and, upon his motion, George M. Cochoran, Esq., was desig- 
nated to preside. Mr. Cochran briefly stated the object of the 
meeting was the presentation to the Board of Supervisors of 
Augusta County of a portrait of the late Hon. John Howe 
Peyton and its acceptance by the authorities. 



On behalf of Col. John Lewis Pej'ton and other descend- 
ants of the great lawyer, Capt. James Bumbardner made the 
presentation address. It was a theme worthy of the best ef- 
fort and the address was worthy of the theme, and worthy too 
of the head and heart of the learned and gallant gentleman 
chosen for the task. He sketched the distinguished career of 
John Howe Peyton from his birth in Stafford countv in the 
year 1778. Endowed with talents of a high order, Mr. Pey- 
ton entered Princeton at an early age, graduating from that 
institution as Master of Arts in 1797. He studied law under 
Judge Bushrod Washington of the Supreme Court of the Uni- 
ted States, and commenced the practice of his profession on 
the Fredericksburg circuit. In 1806 he was elected as a mem- 
ber of the House of Delegates from Stafford County, and re- 
elected the following year and served until 1810 and i8ri. 
In 1808 he removed to Staunton, and was immediately ap- 
pointed Attorney for the Commonwealth for the circuit sur- 
rounding Staunton, and subsequently also Commonwealth's 
Attorney for Augusta County. This latter position was 
resigned by Chapman Johnson, himself a great lawyer, 
for the reason, as he declared, that Mr. Peyton's qualifica- 
tions for the ofiice were so superior that justice to the 
count}' demanded his services. During the war of 181 2 
Mr. Peyton acted as chief of staff to General Porterfield., and 
in the field as well as the forum rendered distinguished ser- 
vice. From 1816, when he was appointed Deputy U. S. Dis- 
trict Attorney to aid William Wirt, until his health became 
impaired in 1844, Mr. Peyton continued to fill the office of 
State's Attorney, serving also terms as Mayor of the cit\- and 
for eight years as a member of the State Senate. 

His busy, useful life closed in 1847, but the fragrance of 
his memory lingers to this day, and his fame is one of the 



228 

memories of the count}-. Captain Bumgardner quoted the 
opinions of a long list of eminent men who were cotempora- 
ries of Mr. Peyton and recognized his great power as a law- 
yer. Among them was Daniel Webster, who in speaking of 
the celebrated report written by Mr. Peyton in opposition to 
the amendment of the Constitution of the United States, said 
that the "reasoning and conclusion were unanswerable." 

In closing, Captain Bumgardner earnestly and eloquently 
summed up the salient points in the career of Mr. Peyton, 
declaring him to have been a man of commanding ability, of 
the highest culture, of profound legal learning, of the sternest 
integrity and strictest honor; worthy to be commemorated by 
placing his portrait in the group of great lawyers which now 
adorns the Court House. 

Major Thomas C. Elder was selected by the court to re- 
cei\e the portrait on behalf of the Board of Supervisors. The 
selection was a happy one. Never have we heard in that 
Court House an address so chaste, so scholarly, so rich in 
beautiful w-orded thought, so thoroughly impressive and 
appropriate. It was a literar\' gem. To sketch it would be 
to mar it, and we regret that our limited space does not per- 
mit its publication in full, together with the address to which 
it w^as a response. 

Col. John L. Peyton, son of Hon. John Howe Peyton, was 
present iu the house, and calls were made for him to come to 
the stand. In recognition of this manifestation, the Colonel 
said he was taken by surprise in the call that was made, and 
could only say that he felt gratified with the enthusiastic 
manner the gift to the county had been received, and the ele- 
gant and affecting remarks which had accompanied the pre- 
sentation of the portrait and its reception. That he was 
pleased to see his father's likeness on the walls of the hall 



•>•» 



;i> 



where his eloquent voice had so often resounded, and sus- 
pended in the midst of a people he had loved so much and 
served so faithfully, for with him it always was "his country 
first, his country last, his country all the time." 



LETTERS. 



IfROM THE REV. J. HENRY SMITH, D. D., PASTOR OF THE FIRST 

PRESBYTERIAN CHURCH, GREENSBORO, N.C., ONE OF 

THE FEW SURTIVORS OF MR. PEYTON'S 

OLD FRIENDS. 



Greensboro, N. C, July 24th, 1894.. 
Col. John L. Peyton: 

MFl>earS/r— I have just received from your hand a 
copy of the "Staunton Daily News" of the 21st inst., and I 
have read with very great pleasure, the beautiful and eloquent 
and richly deserved tributes to your honored father at the 
public meeting in your town called for the acceptance of your 
father's portrait. It well deserves to be placed among the 
purest and ablest and noblest of his talented and honored as- 
sociates and contemporaries. I congratulate you on so inter- 
esting an occasion, and I sympathise with you in the filial 
joy and pride and gratitude to God that your heart, I know, 
felt, as those tributes were paid to your noble father's charac- 
ter and influence. Next to the fear of God, is the feeling we 
cherish for a father, who has taught us in tha right way of 
virtue and honor, who has exemplified such a life and led us 
onward and upward. I think the 5th Commandment stands 
in the decalogue where it does, because the love' and rever- 



•2'.W 

ence to parents is next to the love and fear of God, in the es- 
timation of God himself. 

Greek and Latin writers often classified and summed up 
human duty in the following three-fold way, — "to fear the 
gods — to honor one'sparentsand to obey the laws of the land." 
This was I think in the mind of Cicero when he said ''in aris 
et focis est Republica." Plato says "let us believe then that 
we can have no religious image more precious in the sight of 
heaven than a father, or a grand-father or a mother worn out 
with age, and that in proportion as we honor or delight in 
them with a religious joy, in the same proportion does God 
himself rejoice. vSuch sentiments, I believe, are fragments of 
the true and primitive religion carried abroad — but also, soon 
afterward, in so many respects corrupted, we recognize such 
sentiments as a part of the original Divine law not wholly 
obliterated, thanks to God, by the fall. 

For the sake of dear old Virginia, I ihank you that your 
father's form and face is where it is — to be an incentive to 
virtue and patriotism, as it looks down from year to 3'ear 
upon all who enter your court of justice. 

For your considerate kindness in sending me the paper, 
and awakening thoughts of the long past, and with apologies 
for this longer letter than I had thought to write, I am, 

Gratefully yours, 

J. Hexrv Smith. 



FROM GEN. ECHOLS. 

Louisville, Ky., July 28, 1894. 
Major Thos. C. Elder, Staunton, Va.: 

My Dear Major — After an absence of several days, I 



231 

returned to this city 3'esterday, and find your postal of the 
23rd inst., and also the newspaper containing an account of 
the ceremony of the delivery to, and acceptance by, the 
county authorities of Augusta county, of the portrait of the 
late distinguished John Howe Peyton. I am ver}^ much 
obliged to you for thinking of me, and giving me an oppor- 
tunity of reading the addresses made by yourself and Captain 
Bumgardner 0:1 the occasion referred to. I have read the 
speeches with a great deal of interest, and I have been ver}- 
much impressed and pleased vvith your chaste, striking, and 
eloquent address, as the representavive of the Supervisors of 
the *county, in accepting the portrait. You have, with a 
master's hand, delineated the character of Mr. Peyton, and I 
hope that your address will be preserved as a fitting accom- 
painment of the skillful personation of the striking counte- 
nance that the artist has presented. I recollect Mr. Pej'ton 
ver}^ well. When I w^as a boy I saw him, and heard him fre- 
quently at the bar, generall}' in Lexington. I have also a 
very pleasant recollection of having enjoyed his elegant and 
generous hospitality at his home. 

When I can first remember Staunton, the Staunton bar 
was made up of men who will long live in the memory of 
those who had the good fortune to know them. 

Judge Thompson was on the bench, and around him 
Thos. J. Michie, A. H. H. Stuart, John B. Baldwin, David 
Fultz, H. W. Sheffey and a number of other gentlemen, all 
of whom together formed a notable group that would have 
made any forum illustrious. 

It is certainly a most fitting thing that the noble count\- 
of Augusta should have her Pantheon, in which shall be gath- 
ered the statues and likenesses of her great sons, in order 
that those who come after shall see the men who have given 



to her her proud pre-eminence among the counties of the 
"Old Dominion." 

Again thanking you for your kindness, and hoping to 
see you in a few days, I am, very truly yours, 

John Echols. 

Many other interesting letters have Vjeen received from 
distinguished gentlemen in different parts of the State, biit. 
neither time nor the limits of this pamphlet admit of their 
insertion. 



233 



LETTERS FROM CONTEMPORARIES AT THE 

BAR. 



From a number of letters received from persons to whom 
Col. Preston's sketch was posted, nearly fifteen years ago, 
the following extracts are selected, because written by Mr. 
Peyton's colleagues at the bar. 

FROM JUDGE ALEXANDER RIVES. 
(Federal Judge.) 



In a letter addressed to Hon. John L. Peyton, and dated 
Eastbourne, Charlottesville, Jan. 29th, 1 88 1, Judge R. says: 

"There was no one at the bar, with whom I w'as asso- 
ciated, for whom I cherished the same admiration, respect 
and esteem, as for him. 

So much of our State's worth and greatness was in the 
ranks of the bar and the bench, that I have felt it to be a 
shame to the State that it has never been chronicled, as it 
should have been, for after ages. Such men as Wickham, 
Eeigh, and Johnson survive only in brief obituaries. I am 
glad your filial piety has, in some measure, rescued your 
father's name from that neglect." 



2:34 



FROM JOHN B. MINOR, LL- D., 

PROFESSOR OF LAW, &C. 



University of Virginia, February 3d, 1881. 
My Dear Sir: 

I pray you to accept my thanks for the brief memoirs of 
your distinguished father, which you were so kind as to send 

me. 

It is verv pleasing to have before my eyes the well re- 
membered features, expression and attitude of a man for 
whom, through my whole professional life, I have cherished 
the most unreserved respect and admiration. 

For many years I have been accustomed to regard the 
county of Augusta as occupying the first position in the 
Commonwealth, in respect to the moiale and intelligence of 
its people, and the soundness of its public sentiment, and 
have ascribed the pre-eminence, in a marked degree, to the 
lofty character of its bar — a pre-eminence in uprightness, as 
well as in abilities and learning, which has now subsisted 
continuously for near a hundred years. There is no commu- 
nity in the State, I believe, which has been blessed, for a 
blessing indeed it has proved, for so long a period of time, 
with such a wonderful and uninterrupted succession of great 
and virtuous lawyers. 

In that remarkable series, your father is a most conspic- 
uous figure, and by his example and influence contributed as 
much as any one to the noble result, as I apprehend it to exist, 
in the elevated tone of the people of Augusta. 

Doubtless the highest influences of religion co-operated 
powerfully to accomplish what has been achieved, but I do 
not doubt that one of the chief auxiliaries was the stainless 



purity existing for so iiian\- j-ears among the practitioners 
•of the law, rendered more conspicuous and patent by the ex- 
traordinary capacity which accompanied it. 

I look with trembling anxiety to the young men who 
now compose the bulk of the Augusta bar, man}- of whom 
are my pupils, to sustain and transmit unimpaired the illus- 
trious reputation for lofty integrit}' and eminent ability and 
learning, which has come down to them through so many 
successions of their predecessors, so that for the next hun- 
dred 3^ears, as for the last, old Augusta may continue to en- 
joy the distinction she has won. 

Thanking you again for kindly remembering me in the 
distribution of the sketch, I am, with great respect and es- 
teem. 

Yours truly, John B. Minor. 

James D. Davidson, in a letter dated Lexington, Va., 
January 25th, 1879, ^"cl addressed to Col. John L. Peyton, 
sa3'S: 

"When I knew Mr. Peyton in practice in Rockbridge 
count}-, I was comparatively a 3-oung member of the bar, and 
I looked up to him, as a man of imperial, far seeing, com- 
manding iniellect, and in every respect as a superior being, 
not only as a lawyer, but as a man." 

Letters and excerpts from letters to whom the little pam- 
phlet giving an account of the presentation of Mr. Peyton's 
likeness to the county were sent: 

Judge S. Bassett French, of Mynchester, says: 

"Mr. Peyton was a wonderful man in his da}-, and had 
few peers in any age." 



28G 

Col. Win. A. Anderson, in a letter to Col. Peyton, da- 
ted Lexington, August 8th, 1894, sa\'s: 

"Accept my thanks for the memorial pamphlet of your 
honored father. Some knowledge of his splendid giits, his 
eloquence, learning and lofty traits of character had come 
down to me among the traditions of the Lexington bar, at 
which he was for many years a distinguished practitioner, and 
I am very glad to have in more enduring form the sketches- 
of his life, character and services." 



PROF. JOHN B. MINOR, LL. D. 

University of Virginia, Law Department. 
August 9th, 1894. 
My Dear Sir: 

I received 3'esterday, the pamphlet containing the account 
of the "Ceremonies attending the presentation of the portrait 
of John Howe Peyton," your honored father, to the county of 
Augusta, and beg you to accept my cordial thanks therefor. 

I apprehend that no county in the State, nor in the Uni- 
ted States, can exhibit such an aggregation of judicial wor- 
thies as Augusta, not merely lawyers of distinguished learn^ ; 
ing and power, but men no less distinguished for incoa^fet4^/$i^:yy>«^^^ 
ble integrity. The county authorities do themselves great / 
credit in thus commemorating the virtues and abilities which 
have so illustrated their community. 

Among these great and good men your father was con- 
spicuous, and well deserves to be enshrined in the esteem and 
admiration, not of Augusta only, but of Virginia, and the 
whole country. With renewed thanks for the pamphlet, 
I am, 3'ours very truly, 

John B. Minor. 

Col. John L. Peyton, Staunton, Va. 



l>:57 

Hon. John W. Rieley, judge-elect to the Supreme Court of 
Appeals, of Virginia, SQ.ys: 

"I have read with deep and intense interest the addresses 
and all that was said of Mr. Peyton by his contemporaries, 
and as a Virginian I am proud of such an illustrious citizen, 
and congratulate old Augusta that her people have for con- 
templation, and emulation for all time the life and character 
of one of such worth and commanding ability." 

Col, Jos. H. Sherrard, under date of Lexington, Au- 
gust 1 2th, 1894, writes: 

"I have read the pamphlet with a great deal of pleasure, 
and am glad to see this departure from the rule too long prev- 
alent of doing honor only to statesmen and military men, 
and the system inaugurated of 'rendering unto Caesar the 
the things that are Caesar's.' Truly among professional men 
there is oft-times as much virtue, genius and patriotism as in 
the former classes, and this was the case as to your great and 
good father, and is so as to many modest citizens, who 
are as worth}- to be commemorated. Many a youth will be 
taught that honor and glory are not alone to be achieved at 
the cannon's mouth, or in the halls of Congress, and to emu- 
late such examples of virtue in private life. Would that this 
precedent of your good people could be repeated by those of 
every county in the State, until all of our court-houses are 
ornamented by their illustrious citizens. Surely we might 
then say: 'Lives of great men all remind us we may make 
our lives sublime and departing leave footprints in the sands 
of time.' " 

xy ^^-~^j€^ka. F. Lewis, Esq., writes from Charleston, W. Va., 
under date of October 12th, 1894: 

"While it was not my good fortune to have known per- 



1'3S 

sonally the subject of these eloquent tributes to worth, I 
know full well how richl}- deserved they are. From the 
days of mj^ youth I have heard from the lips of those who 
knew John Howe Peyton well and honored him, the most 
beautiful and feeling tributes to his high toned honor, his 
brilliant intellect, his fervid patriotism and his spotless life. 
It is eminent!}' fitting that this speaking likeness of him 
should adorn the walls of the Temple of Justice of old Au- 
gusta, those same walls which erstwhile echoed back his elo- 
quent words in defence of the right." 

Rev. Wm. H. Ruffner, D. D., writes from Lexington, 
under date of August loth, 1894: 

"I have read all [the pamphlet containing ceremonies 
attending the presentation of Mr. Peyton's portrait to the 
county] with interest and sympathy. Your father was one 
of the heroes of my early days. I saw and heard him often, 
and the impression I received of his character and abilities 
was correct."" 

Dr. R. A. Brock writes from Richmond, October loth, 
1894: 

"I am thankful in the inspiration that the contempla- 
tion of so benign a presence, and the consequent retrospect 
of so admirable a life, will command in posterity." 

Rev. Geo. Gordon Smeade, Rector of Magill Memorial 
Church, Pulaski City, writes: 

"For the sake of the rising generation who may frequent 
your Court of Justice, it was most timely in placing upon 
her walls the portrait of so distinguished a personage as your 
father. He who has left so deep an impress upon the com- 
munity in which he lived, and I may say also upon his age. 



cannot help being an incentive to the very highest type of 
virtue and patriotism." 

C B. Thomas, Esq., writes from Wytheville, August 
nth, 1894: 

"I have read the pamphlet with much interest. I will 
have my boys to read it, hoping that they may be stimu- 
lated to strive to emulate some of the virtues which charac- 
terized your distinguished father in such an eminent degree."" 

Miss M.J. Baldwin, the gifted and accomplished Prin- 
cipal of the Augusta Female Seminary, under date of Au- 
gust 15th, 1894, writes: 

"No one takes more pleasure in seeing your father's mem- 
ory honored than I do. May his descendants ever prove 
worthy of so distinguished an ancestor." 

FROM MRS. LOUISA DUPUY. 

The talented and accomplished Mrs. Louisa Dupuy, who 
was intimately acquainted with Mr. Peyton and his family, 
and who spent much time at Montgomery Hall in early days, 
thus writes: 

Staunton, Thursday Afternoon. 
Dear Col. Peyton: 

I am very much obliged for the pamphlet containing an 
account of the presentation and acceptance of your honored 
father's portrait. "Honor to whom honor is due," and I am 
always glad to see any indication that virtue and integritv 
and intellectual ability are held in high esteem, and brought 
prominently before the public. It is cause of deep regret, 
that in these pays, so much of the reverse is prominent. If I 
had known it in time, and that ladies were to be present on 
the interesting occasion, I should have gone down to the 



240 

Court House, but I do not take a daily paper and did not 
know of it. 

I remember your father as an elegant and courtly gentle- 
man, genial and kind to all, both old and young: and thac he 
belonged to a noble set of such men belonging to Staunton in 
those days. 

I have read the pamphlet through (I had read the ac- 
count in the papers), and have mailed it to Sam and the boys 

Your old friend, 

Louisa Dupuy, 

Many other interesting letters have been received from 
distinguished persons in all parts of the State, from the South 
and West, but space does not admit of their introduction. 
We feel the less difficulty in omitting them, though coming 
from such men as Gen. G. W. C. Lee, from judges of the 
Court of Appeals of Maryland, North Carolina and Ohio, 
Hon. R. Taylor Scott, Col. Jesse E. Peyton, of New Jersey, 
R. ly. Parish and other eminent men and lawyers, because 
they knew Mr. Peyton only by reputation, not personally. 



MRS. JOHN H. PEYTON. 

We have mentioned Mr. Peyton's second marriage, in 
1821, to Anne Montgomery Lewis. The happiness derived 
from this auspicious union was such that it niay be classed 
among the matches "made in heaven." 

As a becoming conclusion to this compilation the follow- 
ing sketch of Mrs. Peyton is appended: 

Among the noteworthy women of Yirginia during the 
early part of the present century — our comparatively unknown 
and entirelv unsung Southern heroines — was the subject of 



241 

this sketch. Remarkable for her practical ability and effi- 
ciency, her graceful and accomplished taste, the extent and 
variety of her literary attainments, the unselfish generosity 
of her heart, and her unostentatious charities, no one was more 
highly esteemed while living, or was more mourned when, 
in her bright and useful career, struck down by the hand of 
death. Nor is there one of those departed Matrons — the peer- 
less women of Virginia, — whose memory is more cherished 
by those among whom she lived; for, it was her peculiar good 
fortune to be at once the life and jo}- of her famil}' the ' 'bright 
particular star" of the society in which she moved, and the 
pride and ornament of the commuity. 

Anne Montgomery Peyton was born at the Sweet Springs 
Monroe County, Virginia, in the year 1802. Her father Ma- 
jor John Lewis, was a man of large fortune, having inherited 
this extensive and valuable estate from his father, Col. Wil- 
liam Lewis, commonly called the "Civilizer of the border." 
Major Lewis was a distinguished officer of that branch of the 
militar}^ forces of the "Thirteen United Colonies," styled 
the ''Continental line," and served under Washington until 
the close of the revolutionary war. A little more than two 
3'ears after the surrender of the British Army at Yorktown, 
by Lord Cornwallis, October ijth-igth, 1781, namely, in the 
winter of 1783 when Washington relinquished the command 
of the army. Major Lewis returned to the Sweet Springs where 
he spent the rest of his life, improving his property and en- 
joying the society of his friends. He married, in 1795, Mary 
Preston, the fourth daughter of Col. William Preston- of Smith - 
field, County of Montgomerj-, Mary Preston Lewis is repor- 
ted to have been a woman of great personal charms and of un- 
common vivacitj- of intellect, and of varied accomplish- 
ments. As spirited as beautiful, she was one of the true type 



■242 

of that Virginia character which has made itself known and 
felt throughout the world. '^ 

Mary Preston Lewis died at an earl}- age. leaving a 
large family of young children, and it devolved upon the sub- 
ject of this sketch, as being one of the oldest, to act the part 
of mother and sister towards them — a duty which she nobly 
performed, ever extending to them Christian care and true 
sympathy. The portals of Montgomer}- Hall were always, 
open to receive them and her younger brothers. In fact it 
became the home of her sisters, three of whom were subse- 
quently, at different periods, married from it: namely, Mar- 
garet Lynn, to John Cochran, of Charlottesville, Va., Sa- 
rah, to her cousin. Col. John Lewis, of Kanawha, and Poly- 
dora, to John Gosse, of Albemarle. Her two vounger 



*\Vhen little Anne Lewis left the Sweet Springs for Mr. C's schooU 
she bore the following letter from her mother to him. 

vSweet Springs, July 23rd, iSii. 
Mr. Crutchtifhl: 

Dear Sir — With the sincerest pleasure I send my dear little Anne- 
to you again. I hope nothing will happen, not even an indulgence of 
my affection for her, to cause her coming home again shortly, for to 
you, I confide with confidence her entire education, and I hope your 
labors will be crowned with success by Him above, who is able to give 
abundantly. 

It has been with much persuasion and many difliculties I have suc- 
ceeded in getting Mr. L's consent to Anne and Margaret Lynn being- 
sent to you. I need not say anything as to .\nne's temper and dispo- 
sition. I know your penetration is sufficient, and in your judgment 
and tenderness [to improve both] I have entire confidence. You can 
do more to improve her than I can and I know you will. I have many 
happy proofs of the great good, both in mind and manners, that have 
accompanied your exertions towards my family. 

Heaven bless and prosper you, is the wish of your friend, 

:\L\Rv P. Lewis. 

P. S. My respects to Mrs. Crutchfielil. I have sent a cot and 
bedding for Anne and Lynn. 



243 

brothers, John Benjamin and Thomas Preston, also resided 
with her several years while attending school in Staunton. 

Anne Lewis, the third child of Major John Lewis and 
Mary Preston, and according to contemporaneous accounts, 
the most favored of them all; was entered in her ninth 
year at the school — a school in great repute at that day — 
of Mr. Crutchfield, situated in the Falling Spring \'alley 
near the Peytona Cascades, Alleghany County.* 



*The following letter from John Preston, Treasurer of the State 
of Virginia, gives a brief account of the death of his sister, Mary 
Preston Lewis. 

Greenfield, Botetourt County, \'a , 

I'ebruary Sth, [cSj4. 
Ueur Sister: 

The painful duty of informing you of the death of our beloved 
Sister Lewis devolves on me. She expired on Wednesday the 4th, 
(Feb. 4th, i8j4) at her home at the Sweet Springs. She had linger- 
ed for some time but no dangerous symptoms appeared in her com- 
plaint, nor was any alarm excited. vShe, however, became suddenly- 
worse, and sent for Mary Woodville, who set out instantly and took 
with her Doctor Patterson, of Fincastle, but before they arrived she 
was struggling with death. vShe died with all the firmness of a Christ- 
ian hero, firmly relying on the merits and mediation of an all-sufficient 
Savior, and declared that her hope and confidence were so great that 
death presented not one solitary terror to her, but rather that he ap- 
peared to her as a friend who was to conduct her out of this into a 
far better world that she had long looked forward to with ardor — and 
called on her I'elations and friends around her to witness with wdiat 
composure a real Christian could die, and actually closed her eyes with 
her own hanas. 

The family are now dispersed, and the house locked up and the plan- 
tation forsaken for awhile. 

Sarah, Lynn and Thomas are at Mr. Woodville's, Ben and Polly 
down at Mr. Massie's. What future disposition will be made of them 
or the property is not yet decided on. She did not make a will. 

My wife is very sick and confined to her bed with something like 
the nettle-rash. Sarah is well and I am in my general health. 

Your affctionate brother, 

John Prkston. 

To Mrs. Elizabeth Madison, Montgomery Co. 



•-'44 

The reader will probably excuse a brief reference to this 
valley which is so remarkable for its scenic charms, the cas- 
cade being the most striking point, that one cannot pass 
through it without feeling the truth of Cowper's beautiful 
line — "God made the Country and man made the Town." 
The variety, the perfection, and indeed everything about a 
lively country scene so eclipse the noise and bustle and tur- 
moil of a large town that I have sometimes been so unchari- 
table as to think that those who did not love the country, 
could scarcely love their Maker; but to indulge such a thought 
would be illiberal, decidedly wrong. And yet the country 
has many, many charms, peculiar to itself and of a peculiar 
ch'iracter; and although it is certain that a vicious mind will 
think of God nowhere, while a pious one will behold him in 
everything, it nevertheless cannot be doubted that there are 
natural tendencies in the bustle, parade, and business of large 
commercial towns, to turn away the soul from God; while in- 
numerable objects are presented in the country which lead 
the mind of the reflective "through Nature up to Nature's 
God." 

The general truth of these remarks has always been im- 
pressed on our mind when in the country, and more especially 
when rambling during the summer through the enchanting 
regions of western Virginia. 

In one of the lovliest spots in this picturesque land, jNIr. 
Crutchfield had wisely established his school — no doubt influ- 
enced in his choice by its central position in the State, its 
retired situation and the extreme healthfulness of the climate. 
Amidst these rural scenes in the "sweet sequestered vale,'' 
Anne Lewis spent her early youth, making much progress in 
learning and acquiring a fund of valuable information. Study- 
ing with unexampled industry, she carried off the highest 



245 

prizes. But even in this, the school of highest grade at that 
period in Western Virginia, she was in a measure deprived of 
that thorough and liberal education which her ambition crav- 
ed. When she completed the course and returned home it 
was with a painful consciousness on her part of how little she 
knew and how much she had yet to learn. 

She often .spoke in after years in a lively and amusing 
way of her life at this remote seminary, and of how the 
scholars had to rough it; of what would now be styled their 
hardships, but which did not seriously effect these light-hearted 
girls. She alluded to her own life at this season of her early 
joys, as smooth and pleasant, and to the valley of the Falling 
Spring as a kind of earthly paradise. Heropening years here 
and at her home at Sweet Springs, were eminently happy and 
this sunny morning betokened the short, but cloudless day 
that was coming. 

Concerning their life at Mr. Crutchfield's generally she 
said it was not uncomfortable or unpleasant. His table was 
-liberally supplied with whatever the country produced, such 
as beef, mutton, poultry, and now and again with game and 
fish furnished by the forests, and the mountain streams. Of 
foreign luxuries they saw little or nothing. Their coffee was 
generally roasted rye, or a mixture of rye and "Rio," and 
their evening drink was milk or Sassafras tea. When they 
visited distant friends they rode on horseback, or were 
■crowded into Mr. Crutchfield's cariole — a kind of covered 
spring cart. 

In their intervals of toilsome labors, and Mr. C. was far 
from allowing his pupils to neglect their studies, they passed 
much of their time gathering wild flowers in the green fields 
or on the mountain. sides, visiting from time to time the cot- 
tages of the hearty mountaineers, whose good wives always 



24C 

welcomed them with a glass of sweet milk, some new laid 
eggs, or delicious fruit. 

It must be remembered that these hours of leisure were 
not given to enjoyment only, — hours soi favorable to improve- 
ment were better employed. When they returned from the 
fields, their hands tinted with the rich purple and crimson of 
the flowers they had gathered, it was not the blood stain of 
murdered time. On the contrary they were only signs of the 
eagerness with which they pursued knowledge as well as- 
pleasure, in some department of natural history, for they 
were alwaj'S accompanied in their outdoor excursions by a 
teacher. Trees were waving, flowers blooming, birds sing- 
ing, and insects revelling around them — the very pebbles in 
their pathway contained a history of the past within them; 
the stream flowing by them had its flnny tribes, most won- 
derfully adapted to their element, and these lighter hour^^ 
were given to an examination, almost a study, of these ob- 
jects — animate and inanimate, as they came from the hands 
of our Creator. And it may be safely asserted that few pro- 
fessional botanists were deeper versed at a little later period iu 
the virtues of various herl5s and plants, and how the}' might 
be made subservient to our uses, domestic and medicinal, 
than was Anne Lewis. 

It was during her sojourn at this school, while spending 
a holiday with her sister, Mrs. Massie, at the \'alley Farm, 
that she first met John Howe Peyton, then in the zenith of 
his professional success and one of the handsomest and most 
accomplished men in \'irginia. He had recently returned 
from active service with the army of 1812-15, of which he 
was a daring and enterprising officer. She was at this time 
in the flush of opening womanhood, at the romantic age, and 
listened with wrapt attention and delight to his eloquent 



247 

conversation, his graphic and animated accounts of the camp 
and field. She was herself rich in what has been stj'led with 
poetic license the fatal dower of beauty and was as clever as 
pretty. The result may be as easily imagined as told — they 
were speedil}- betrothed and shorth- after her return to the 
paternal roof, though her beauty drew suitors for her hand 
from far and near, were married (1821.) 

It was a fortunate marriage and brought her all the hap- 
piness promised by a union with the chosen of her heart. 
Her home was thereafter in Staunton for a few years and 
subsequently till her death at Montgomery Hall. She thus 
returned to the original location of her great grandfather the 
''lord of the hills," to pass her life amidst the scenes ren- 
dered historic by his and his brave companions' long struggle 
with their savage enemies and almost within sight of the 
ruins of that Fort Lewis, under whose stout walls the colony 
grew, in time, strong enough to def}- ever)- foe. 

Civil life, as we know it, hardly existed in those days in 
Virginia;; all that was powerful, all that was honored, was 
connected with war; the ideas of the time more or less insen- 
sibl}' took a militar\' color; men's callings and necessit}' were 
in one way or the other to fight; and to fight with effect 
needed combination, endurance, and practice, and the rude 
forts of the frontier were camps or barracks where there was 
continual drill and exerjcise, fixed times, appointed task, hard 
fare, incessant watchfulness, an absolute obedience to officers. 
Armed men. with sentinels posted to give warning of an ene- 
my's approach, tilled the fields. Cattle were herded at night 
around the strong places; patrols scoured the country day 
and night, and, in fact, all the precautions were taken which 
are necessar}^ to intruders in an enemy's countr}-. Many a 
dark tale of massacre has been connected with the settlement 



248 

of West Augusta; and the story of the Lewises and other 
pioneers, forms a romantic and memorable feature in the his- 
tory of those turbulent times. Fort Lewis was the only 
place of security west of the Blue Ridge and south of Win- 
chester. It was a fortress of little architectural extent or 
pretension, but in its associations one of the most popular 
and interesting of our historical places. 

In her new home Anne 'Peyton soon developed more fully 
the noble qualities which so much endeared her to a numerous 
circle of friends and the intellectual parts by which she was 
afterwards so widely known. There was no object of a hu- 
mane and laudable kind to which she did not devote her time 
and attention, but particularly was her active philanthrop}' 
displayed in connexion with the large slave population on 
her husband's estates. She made herself intimately ac- 
quainted with the real condition of the negroes on these 
plantations and set on foot remedies for the evils necessarily 
incident to their condition. Hei labors were attended with 
success, and not only the physical but the intellectual and 
moral condition of these unfortunate beings was improved 
and advanced. 

Happily the prosperity of Virginia was in her day so 
exuberant, that there was little poverty of any kind. There 
are, however, always cases of want to be found in every com- 
munity, and these she sought out and relieved when and 
where the world was not cognizant. In a word she offered 
bread to the famishing and hope to the desperate. Her ten- 
der sympath}' extended even to the brute creation. She 
could not patiently endure to see dumb creatures suffering 
from cruelty or want of proper care, and the very animals 
instinctively regarded her as their thoughtful friend. 

Anne Montgomery Peyton became the mother ot ten 



249 

children, all of whom reached j-ears of maturity, and with 
two exceptions married and have families of their own, and 
all now survive but her second daughter, Anne Montgomery, 
who died unmarried in 1870, and her son Yelverton. She was, 
as we shall see, a most careful mother and affectionate wife, 
looking up to her husband as a superior being, and took upon 
herself the heavy burden of care in connection with the rear- 
ing and education of this numerous family, to which her hus- 
band couldgive little attention from the absorbing pursuit of 
his profession and the overwhelming character of his en- 
gagements. 

It was truly in the domestic sphere that she most shone, 
and her children owe so much to her teachings and example, 
to her maternal tenderness and training, that the recollection 
of their days at the Hall is the most precious remembrance 
they carr}' with them through life. 

Her mind was always active in devising means for the 
benefit of her children. Nor would she allow any personal 
inconvenience of discomfort to interfere with her plans for 
carr3'ing them out. She often entered into their juvenile 
games and amusements with all the vivacit}^ of her nature. 
Nor did it lessen the deference and respect they felt for her. 
She knew when to be little and when to be great. When to 
exercise her authority, how to enhance her influence, and the 
value of example in enforcing both. Thus obedience became 
so easy that her children soon combined the pleasure of an- 
ticipating her wishes with the duty of compliance. Of course 
in every familj- there are to be found wrong tempers, ferverish 
ailments, and perverseness of dispotion, and willingobedience 
cannot be, at all times and on all occasions, obtained how- 
ever consistently authorlity may be maintained. But as far 
a child however helpless, ignorant, and inexperienced could 



IT)*) 

be brought into habits of obedience by a judicious exercise of 
parental authority, without an approach to undue severity, it 
was accomplished by her tact and discretion. 

Some one has called the boy the "father of the man," but 
the mother is more especially the parent of the child, forming, 
directing and educating its mind and heart. The very pulses 
of its life throb responsively with hers, from heart it springs 
into being and her h eart should be its natural shelter and resting- 
place while life lasts. A Christiaji mother she was who made 
the well-being for her children, spiritual and physical next to 
her duty to God and her husband, the object of her most watch- 
ful attention, and whether in the nursery, the play grounds or 
school rooms, or the household bestowed upon them the ut- 
most care, instructing them at one time and romping with 
them at another. 

In their sports it was, indeed, her habit frequently to join. 
She considered play not merely essential to a child's happi- 
ness, but to its physical, moral and spiritual well being. She 
therefore interested herself in the amusements of her children 
with as much zeal and enjoyment apparently as they them- 
selves — thus at very little expense and trouble to herself ad- 
ding greatly to their pleasures. She would now and again 
pull the children's wagons around the nursery, make a fl?g 
for a little boat, or dress a doll in the style of our Revolution- 
ary matrons from a few scraps of silk and calico. She stu- 
died the characters of her different children as they were de- 
veloped in play and thus gained an insight into their inner 
life which guided her as to their future. Some children are 
naturally of a robust constitution and their play is character- 
ized by noise and action; others not so strong are of a more 
gentle and studious disposition, pursue the amusements in 
comparative quiet. She observed this and regulated her 



■2:a 

coarse accordingly for she considered it a sign of ill health, if 
one of the brood sat silenth' and mopingly apart from the 
g^roup; and at once sought the cause of such an unnatural 
state of things and to remove it. In the merest trifles she ex- 
ercised a wise judgment and considered nothing trivial which 
concerned the happiness of her children. For example, so 
minute and particular was she that she never allowed the chil- 
dren to play with one particular set of toys until they had lost 
all their interest and were %cast aside. This, she asserted, 
taught them two bad habits — to wear out a pleasure thread- 
bare, and reckless destruction. She did not interfere violently 
to deprive the children of them, but joining in their play for 
a moment would suggest a change. With flushed cheeks 
and laughing eyes would draw them into lively romp or game 
of "puss in the corner," in order to get them away from a 
spot where they had been too long over kites, puzzles, or 
dolls dresses. 

Few families of children indeed had more care bestowed up- 
on them, and no one can fail to admire the good sense and tact 
of a mother who with such rare skill contributed to the hap- 
piness of her little brood. Often did she with a box of paints, 
a pencil and some paper employ the children during a wet 
afternoon, or in fine weather having a game of hoop or ]es 
graces in the grounds. Considering play one of the first ne- 
cessities of a child's existence, she encouraged hers to play 
with all their hearts — ^but never to the neglect of graver stu- 
dies. These were attended to in proper season. But when 
pla}' time came they were free to enjo}- themselves thorough- 
ly, so that their fun did not run into michief. Thus her chil- 
dren associated their mother with their pleasant memories of 
enjoyment and she never went amongst them that her presence 
was not hailed with joy. 



With their education strictly so speaking, she was equal- 
ly particular, though her duties prevented her from conduct- 
ing it herself. She saw however, that the person, Miss Lucy 
Stone, a native of Massachusetts and educated in Boston, to 
whose care they were for some years confided, and afterwards 
Miss Forneret, the daughter of a retired officer of the British 
army and educated in Paris, was worthy of the charge. 

With their school tasks she was herself familiar and saw 
that their minds were not overtasked, and now and again cau- 
tioned Miss Stone to suit the lessons to their ages and capaci- 
ties, saying "strengthen and instruct, do not tire the mind." 

Sometimes she questioned them herself to ascertain 
whether they understood their own lessons rather than learnt 
them by rote without taking in the meaning of them. Often 
during hours of recreation, she spoke of the means of acquir- 
ing information and said there were five eminent methods 
whereby the mind is improved in the knowledge of things, 
namely bj' observation, reading, instruction b}^ lectures, con- 
versation and thought or study. What was meant b}-" these 
terms she fully explained, and lest she might fatigue and 
create a distaste for learning by such serious discourse, would 
on occasions with much tact glide into lighter themes, and 
tell stories teaching valuable lessons, through this medium, 
every story having a moral which the young people were left 
to draw from the incidents of the narrative. Information was 
thus conveyed to their minds without fatiguing them, so that 
to learn from her was a positive pleasure. She taught them 
also to write little stories by making pleasant suggestions to 
them. Never shall the writer forget his admiration for her 
talents, readiness and efficiency when she would at their request 
sometimes condescend to write one herself. It was sure to be 
effective and set us thinking. Nor his gratitude for aid,. 



253 

when he was confronted with the task of answering his first 
letter. A few days after its receipt sitting down in the pres- 
ence of his mother he commenced a repl}^ His ideas would 
not flow in orthodox channels, he could think of nothing to 
say that did not have reference to the farm and stable, and 
begged his mother to give him some assistance. "No," she 
answered, "do your best, I will then examine and correct it. 
or write something for you." 

After completing his note which was redolent as may be 
imagined of the farm and barn yard with its pigs and fow^s, 
he gave it to her. She laughed heartily at his first effort, 
but sweetened what he thought her irony by a little praise. 
It was not, however, she said, the kind ot letter his aunt 
would expect or care to read. She then in a few moments, 
without taking her pen from the paper, dashed off a letter of 
sparkling diction and fascinating humor. Surprised, amazed 
indeed, at her readiness and powder of description, delighted 
at what appeared to him her wonderful success, proud of her 
as his mother and withal grateful for her assistance, he threw 
his arms round about her neck, covering her with kisses 
and exclaiming "Why Mamma, you are indeed a genius — a 
giant of the pen. I never will be able to write like that." 

His first guide and his earliest critic, he soon learned 
from her that affection for literature which has afforded him 
so much .solace in his chequered life. Availing herself of 
this occasion the mother impressed upon the son the advan- 
tages of aiming at perfection in everything he undertook. 

The tenor of her remarks may be thus summarized: un- 
less aimed at we certainly would never attain perfection 
while frequent attempts would make it easy. She animad- 
verted upon idleness and indifference, remarking that in the 
comparatively unimportant matter of writing a letter as it 



254 

was considered, we should give it our greatest care, that it 
might be as perfecc in all its parts as we could make it. The 
subject should be expressed plainl)- and intelligibly, and in 
as elegant style as we were capable of. Before writing a sen- 
tence we should examine it, that it might contain nothing 
vulgar or inelegant in thought or word: that we should guard 
ourselves against attempts at wit, which might wound, or too 
much levity and familiarity which was foolish and imperti- 
nent. And seek to express ourselves with manly simplicity, 
free of affectation. This was the usual style of Cicero's epis- 
tles and rendered them deeply interesting and improving. 
No one could reach such excellence, without purity in the 
choice of words, justness of construction, joined with per- 
spicuity of style. That in our letters we should not attempt 
what is called fine writing, but have them, like our conver- 
sation, unstudied and easy, natural and simple. 

In fact, she said Cicero's were the most valuable collection 
of letters extant in any language, written to the greatest men 
of the age, composed with purity and elegance, and without 
the least affectation and without any view to their publication, 
which adds greatly to their merit. 

She particularly disliked extravagant, what she called 
"random talking." and early warned her children against 
exaggeration, quoting in this connection from her favorite 
work: — 

"He that hath knowledge spareth his word, and even a 
fool when he holdeth his peace, is counted wise: and he that 
shutteth his lips is esteemed a man of understanding." 

Her children were also earnestly admonished against 
evil speaking, as indicating a want of regard to the high and 
loving authority of God who has positively forbidden it, — 
*'If any man offend not in word, the same is a perfect man. 



and able to bridle the whole body" — such evil speaking de- 
noted a want of brotherh^ love and charity, of humility in 
our hearts, which would teach us that we are too vile our- 
selves to complain of others. 

In all her teachings the Bible was the basis of alJ direct 
religious instruction, its facts, doctrines, histories^ — the law, 
the Gospel. She endeavored not only to make it plain to the 
understanding and to impress it on the memory, but to bring 
it to bear on the conscience and the affections. Her children 
w^ere taught to reverence the Sabbath-day, to engage in daily 
pra3'er, not only for a blessing on their efforts generally, but 
verj' especially for the "exceeding greatness of that mighty 
power," which, whatever means are used, can alone raise us 
from the death of sin to the life of righteousness. The 
Scriptures furnished, she declared, many examples of the 
power of prayer. Nothing seemed to be too great, too hard, 
or too difficult for prayer to do. Prayer opened the Red Sea. 
Praj-er brought water from the rock and bread from Heaven. 
Pra^-er made the Sun stand still. Prayer brought fire from 
the sky on Elijah's sacrifice. Prayer turned the counsel of 
Ahithophel into foolishness. Prayer overthrew the Army of 
Senhacherib. Prayer has healed the sick, raised the dead, 
procured the conversion of souls. Prayer, pains and faith 
can do anything. ' 'Let me alone," is the remarkable saying 
of God to Moses, when Moses was about to intercede for the 
children of Israel. — Exo., Ch., xxxii. v. io. 

So long as Abraham asked mercy for Sodom, the Lord 
wen ton giving. He never ceased to give till Abraham ceased 
to pray. 

It was Anne Peyton's belief that there is no condition in 
life, no oscupation or profession however unfavorable it may 
appear to the cultivation of religion, which precludes the pos- 



256 

sibility, or exempts us from the obligation, of acquiring those 
good dispositions and exercising those Chistian virtues which 
the Gospel requires. 

In this manner this model woman sought to teach her 
children to persevere in the right direction in spite of all dis- 
couragements, but not to expect harvest in seed time. 

She also endeavored betimes to instil in their minds 
prudence and practical knowledge, and repeated in this con- 
nection the significant language of a motto which she had 
been informed, by a traveller, was to be seen over the door- 
way of a Chalet in the mountains of Switzerland: — motto con- 
taining a volume of wordl}- wisdom — 

"Speak little, speak truth, spend little, pay cash." 

In the household her presence was felt from the kitchen 
to the attic. She ordered all the domestic arrangements — 
neither handing over the management of her house to the ser- 
vants, or her children to nurses and governesses. She super- 
intended in a way to see personally that all was as it should 
be. Careful in these matters, she was equally solicitous that 
her daughters should understand the proper method of regu- 
lating a household, and how to provide for the want of a fam- 
ily. For this purpose she instructed them herself how to pur- 
chase, or select the different articles required for home con- 
sumption: how to choose the various kinds of meat, fish and 
poultry, and then how properly to cook them. They were 
also instructed in the art of making tarts, puddings and even 
confectionar3% many a happy evening has the writer spent with 
his sisters and their young school friends at what juveniles call- 
ed a "toffee-party." She said this kind of knowledge made 
them independent of ignorant servants, and was not detriment- 
al to the dignity of any lady, mother, or daughter. She always 
sought to make them adepts in the science of good house 



■vvifery, as being the most useful and honorable knowledge for 
those whose destiny it is to become the mothers of families. 

It may not be unteresting to say a few words at this point 
as to the good uses to which she applied the knowledge ac- 
quired at Mr. Crutchfield's school, of the virtues of various 
herbs and plants. A case of illness or an accident never oc- 
curred in the family, among either whites or blacks, number- 
ing between 60 and 100 souls, that she was not early by the 
bed side of the unfortunate sufferer, and as soon as she un- 
derstood the case, prompt to apply some simple, homely rem- 
edy; for she had specifics for all mortal maladies. If acci- 
dents occurred she had balasms, cataplasms, ointments, &c., 
&c., prepared from flowers and herbs for external application, 
and in cases of fevers, or other diseases, she prescribed her 
•decoctions, draughts, electuaries, &c., and required these 
nostrums to be gulped down. From the hoarhound indige- 
nous to our fields, she prepared a decoction for colds, from the 
A'ild cherry an extract for coughs, from tansey and the bark 
of the dogwood tree, a tonic, from camomile, a tea of reputed 
virtues, from the dandelion, the buds of the Balm of Gilead 
cures for dyspepsia, &c. In a word she was provided against 
all forms of disease with pills, plasters, powders, syrups, tinc- 
tures, elixirs — a whole catalogue of her own medicinal prep- 
arations. Of course the simple manner in which .she extract- 
ed the virtues of these and other plants rendered them less 
potent and probably less efficacious than the preparations of 
the professional chemist, but they were generally applied or 
taken with good effect. 

The value of her practical knowledge in such matters 
can hardly be overestimated, when it is considered how "few 
and far between" were the medical men in those daj^s in Vir- 
ginia; how difficult it was to procure drugs, or medicines and 



IMS 

when they conld be obtained, how often they were impaired 

in quality by adulterations. 

These brief facts illustrative of the efficient and practi- 
cal character of this excellent mother, will, the author trusts, 
tend to direct the attention of others to the study of nature as. 
a most useful, as well as inexhaustible source of pure and re- 
fined pleasure. 

"Not a plant, a leaf, a flower, but contains a folio vol- 
ume. We may read, and read and read again and still find 
something new — something to please and something to inter- 
est, even in the noisome weed." 

Order, as may be supposed, reigned in her establishment 
and it was delightful to see the children assembled at table 
together, with clothes neatly put on, hands and faces clean, 
hair properly arranged, the table itself laid as if company was 
expected. The board at the hospitable Hall was. however, 
rarely spread without being enlivened by the presence of 
guests. John Howe Peyton's public position no less than his 
social tastes made it a necessity as well as a pleasure for him 
to see a great deal of company. He entertained the Federal 
and State judiciary and their respective bars during term time: 
the Federal, State and County officials; Congressional, vSena- 
torial and Legislative representatives of both parties; the 
Rectors, Visitors and Professors of our great seats of learning: 
the Bishops and Clergy; such officers of the Army and Navy 
as were from time to time in the county, and of the Militia: 
and all strangers. The Hall was thus the resort of eminent 
persons, male ^nd female, and it may be truly asserted that 
all received there lessons in accomplishments. The wisest and 
most gifted men found beneath that refined roof something 
beyond woman's prerogative, the power to call forth, as with 
a fairy's wand, all that is most intellectual in their masculine- 



251) 

natures; the}' found assistance and advice, as well as interest 
and s_vmpathy. Eloquence, politics, philosophy were alter- 
nately discussed; and when these proved too severe, the light- 
er arts of conversation were successfully tried, varying to the 
humor of the moment. 

She was, in a word, the light and ornament of her home, 
presiding over it with dignity and grace, looking after her 
children and providing for the wants of a large dependent 
population of negroes: and yet finding time to seek out and 
relieve the necessitous in the community. 

Though at this time man 3^ of Mrs. Peyton's good qual- 
ities were not sufficiently obvious to the writer, such as her 
practical household virtues, because he was still too young to 
understand how much good management and general good 
sense is required to conduct domestic affairs properly: and 
fancied she took upon herself too much the duties of a house- 
keeper, he has had sufficient experience in after life to set the 
right value upon them, and to do her full and ample justice. 

In those days it was his great delight to see her in com- 
pany, displaying her wit and knowledge. She acquitted her- 
self so well, never asking a silly question, or giving a foolish 
answer and sustained her part by her general abilities and 
knowledge so admirably in intellectual conversation, and in- 
spired such respectful attention from clever men that he keen- 
ly appreciated her accomplishments and was as proud of her 
talents and address, as he has since been of her character, 
which comprehending fully in maturer years he recognizes 
as a combination of all that is noble and excellent. 

With this insight into her character and domestic life it 
is easy to understand that she was universally respected and 
drew all, more esfiecially her children, to her by the cords of 
love, — that perfect confidence existed between her and them. 



260 

They felt they could trust her with the full faith of innocent 
childhood, and never did she turn them away by coldness, 
sending back the warm current of their love chilled to its 
source: never did she check the outpourings of their confi- 
dence by severity ; never did they turn from her grieved and 
disappointed by want of sympathy. 

To the writer she was peculiarly affectionate, kind and 
considerate. She never wearied of imparting good advice to 
him making opportunities to expatiate on certain virtues and 
vices. She particularly dwelt upon the necessity of industry, 
if a young man wished to secure anything good, valuable, or 
worth having in this world. The substance of her teachings 
was that the world and all things around us, remind us of 
the necessity of labor, for though the earth, by the blessing 
of the Almighty, produces food sufficient for man and the va- 
rious animals that inhabit it; yet, without labor, it would 
become a wilderness, covered with briars and thorns. But 
besides food and clothing our nature required that we should 
provide shelter against the inclemency of the weather; these 
are continvial calls upon us for selt-exertion which con- 
tributed as much to our happiness as to health. Moderate 
labor promoted the free circulation of the blood, and carried 
off disorders, which indolence would occasion; the laboring 
man eats his bread with an appetite to which the idle and 
the voluptuous are strangers; his sleep is sweet, and his rest 
undisturbed. As for indttstry it was rewarded in many ways: 
"The hand of the diligent maketh rich. He that gathereth 
in summer is wise, but he that sleepeth in harvest causeth 
shame." — Prov., ch. x, v. 4. "He that would thrive, should 
rise by five;" and as Poor Richard observes, "Himself hold 
the plough or drive." « 

"The difference between rising at five or ."^even in the 



2<;i 

•course of 40 years, supposing a man to go to bed at the same 
time he otherwise would, amounts to 29,000 hours, or three 
years, 121 days and 16 hours, which will afford 8 day for ex- 
actly ten years; so that it is the same as if ten years were 
added to our lives, in which we command 8 hours a day for 
our improvement in useful things." 

But besides lengthening, industry sweetens life; the hab- 
itation of the industrious man is comfortable and clean, and 
his careful wife is truly his counterpart, always usefully em- 
ployed. Difficulties in this life, however, must be expected 
— they should not depress or discourage us, — they were nec- 
■essary to quicken us to exertion and disappeared before a de- 
termined resolution to accomplish our object. Even in Para- 
«dise man was not allowed to be idle: "The Lord God put 
him into the Garden of Eden to dress it and to keep it." — 
«Gen., ch. ii, v. 15. And ever since the fall, as part of the 
■curse entailed bj' sin and mortalit}', its consequence, the 
.•sentence of God has come forth — "In the sweat of thy 
face shalt thou eat bread." — Gen., ch. iii, v. 19. The 
very angels of Heaven were ministering Spirits who per- 
formed the Divine will cheerfully, actively-, and diligently. 
A man's affairs run fast to ruin who allows his powers to 
lapse into indolence and sloth, and thus according to the 
wise man: "He becometh poor that dealeth with a slack 
hand; but the hand of the diligent maketh rich;" and "seest 
thou a man diligent in business; he shall stand before Kings; 
lie shall not stand before mean men." 

This was the general direction of her thoughts when in 
graver moments she sought to prepare her children for the 
career of life. Having represented the means and the value 
of success in worldly matters lest the imagination might be 
ainduly excited, she would suddenh- remind them that there 



262 

was a purer, brighter, nobler world than this; a world where 
there is no ignorance to darken, no error to mislead, no in- 
firmities to lament, no enemies to assail, no cares to harass, 
no sickness to endure, no changes to experience, but where 
all will be perfect bliss, unclouded light, unspotted purity, 
immortal tranquility and joy. 

It is easy to understand that their childhood was happy, 
and that all their recollections of it are associated with their 
mother, who in her capacity as wife and mistress of the fam- 
ily was responsible, by reason of their father's repeated ab- 
scences, for the general arrangement and combination of the 
different elements of social and domestic comfort. She was 
arbiter in all their trivial disputes, the soother of all jarring 
and discord, the explainer of all misunderstandings, and in 
short the main-spring of the machinery by which social and 
domestic happiness was constantly supplied both in her house- 
hold and within the circle she adorned. 

In the wider sphere, be3-ond the family circle, she was 
known by acts of benevolence, rather than as one endeavor- 
ing to conform to the world. She did not strive at the same 
time to be a follower of the fashions and maxims of the world 
and a friend to Him who has declared "The friendship of the 
world is enmity with God: Whosoever theretore will be a 
friend to the world is the enemy of God." 

Her piety was sincere and unostentatious. Her religion 
was that of love and good works. Her daily life was her most 
beautiful teaching and all her children, more particularly the 
elder ones, carry into their lives the influence of the time 
spent in daily intercourse with her. 

Yet she did not neglect the cultivation of social happi- 
ness — only she knew where to draw the line between light 
and darkess — how to enter into and enjoy the blandishments 



26^ 

of society without lapsing into vvorldliness of spirit. In con- 
versation she was ready, animated and interesting, and im- 
pressed all with her superiority. 

After her marriage Anne Peyton devoted every hour she 
could appropriate from other engagements, for several years, 
to a regular course of reading, and to the end of her life gave 
much time to books. She was familiar with the classic au- 
thors of the Grecian and Roman worlds, and the choicest be- 
longing to our English and American literature. From them 
she quoted freely both in conversation and letters. She was 
particularly fond, among the poets, of Chaucer, Shakespeare, 
Milton, Dryden, Pope, Cowper, Gray, Burns, Wordsworth, 
Byron, and of those pleasing essayists, Addison, Goldsmith, 
Dr. John.son and Washington Irving, Under the advice of 
her husband she read the histories of Robertson, Hume, Gib- 
bon, Prescott and Bancroft, and the novels of Defoe, Richard- 
son, Fielding, Scott, Cooper and Irving. 

In public affairs she was well informed and took a lively 
interest. A supporter of the Old Whig party, few man, not 
in public life, were more thoroughly acquainted than herself 
with political affairs. Conversative in her feelings, she strong- 
ly disapproved the ultra democratic opinions of "Old Hickory" 
and his successor in the Presidency, Martin VanBuren. Peri- 
odical election for offices; the ostracism of political opponents; 
the extension of suffrage to non-property holders; the recurrent 
election at short intervals of Judges by popular vote, she con- 
sidered one and'all fatal innovations on our ancient laws. It 
was her belief that such measures would lead to degeneracy 
in our Statesmen, drive from public life the better class of cit- 
izens, and let in demagogues, and with them introduce pecu- 
lation, public plunder, and general corruption and incompe- 
tency. And the recent (1874-75) disclosures at Washington 



204 

of bribery^in connection with the War-office under General 
Belknap, one of the principal Secretary's of State,, the trial of 
General Babcock, the Piesident's private Secretary,. for com- 
plicity in the[,Whiskey frauds, the credit mobilier combina- 
tions, or "rings," and other instances of official rottenness 
and corruption go a long way to establish her far seeing sa- 
gacity. A true lover of her country, she exercised her 
power as a Christian mother to inspire in the hearts of her 
children a profound and thrilling sense of patriotism. 

In every respect a remarkable and attractive character,, 
her historj^ may be safely studied as a model and example. 
There is not a house in Virginia where the story of her do- 
mestic virtues, were it properly told, would not be wel- 
comed, and in which it would not do good. Had she not 
been encumbered with the cares of a large establishment and 
the rearing of a numerous progeny, to both of which she de- 
voted herself with thorough self-abnegation, she would 
doubtless have turned her attention to the pursuit of litera- 
ture and might have rivalled the fame of Hannah More, Ma- 
ria Edgeworth, Caroline Burney, Frederica Bremer, Mrs. 
Stowe, or any of the distinguished female writers of America, 
past and present. 

A true type she was of the mothers of our Colonial and 
Revolutionary era, the mothers of those great and good men, 
bred amidst the trials of the border, who founded our Gov- 
ernment upon the principles of liberty, equality' and fraternity. 

This IS the picture, roughly sketched, of the character of 
that excellent woman attempted to be brought out by brief 
forcible touches from personal impression of her leading fea- 
tures, rather than by carefully weighed and balanced sum- 
maries. She was "one of many," a model of the mothers of 
Virginia from whom have sprung that long list of illustrious- 



2«r> 

sons from Washington and Lewis to L,ee and Jackson, men 
who have shed imperishable glory upon their race and coun- 
try, and won for Virginia the proud title of being the "Mother 
of Statesmen as well as of States. 

In April 1847 a great sorrow fell upon that happy home 
of Montgomery Hall, by the death of the great and good head 
of it. 

Shortly alter this event her health failed and she died 
surrounded by her children, July, 1850. An event of which 
the writer has never lost the^ impression, and in connection 
with which more than once have Gray's words recurred to 
memory, when, near the close of his life the poet, in writing 
to a friend says: — "I had written to inform you that I had 
discovered a thing very little known, which is, that in one's 
whole life one can never have more than a single mother. 
You may think this obvious and what you call a trite obser- 
vation, You are a green gosling ! I was at the same age 
very near as wise as you; I never discovered this with full 
evidence — I mean till it was too late. It is thirteen years 
ago and seems but as yesterday: and every day I live it sinks 
deeper into my heart." 

So it is in the author's case, he never knew the extent of 
his misfortune until it was irreparable. And now when look- 
ing back upon her life, after a quarter of a century, it is with 
a sorrow chastened, and brought into subjection, but not ob- 
literated by time ! Taking a retrospect of her life the writer 
can think of nothing with which her friends could reproach 
her, unless it be a disregard of her own health and comfort. 

So unselfiish was she that it pleased her most to bestow 
upon others the best of every thing she could obtain. If her 
charities and sphere of usefulness were limited it was no fault 
of hers — within her sphere she did her duty and her whole 



mi 

duty. All her actions sprang directly and solely from a sense 
of duty and was sustained by a healthy delight in its perfor- 
mance. Her life was a sincerely happj- one. She was hap- 
py in her marriage and in her children, in her literary and 
domestic pursuits. She busied herself in philanthropic and 
educational reforms, and was one of the warmest advocates of 
the foundation of the Virginia Female Institute in Staunton, 
one of the most flourishing colleges the Southern States for the 
education of women. To this fund John Howe Peyton lib- 
erally subscribed, and he was President of the first Board of 
Trustees. 

Although of an impulsive nature, her religious feelings, 
like her social, were deep and permanent. Socially she was 
genial and companionable and a favorite with both old and 
young. With the young she was ever ready to talk and en- 
courage them in their plans and studies, and she always had 
sympathy, advice and counsel for old and young when in 
trouble. 

Her temperament was naturally somewhat quick. She 
was conscious of this infirmity and happil}' overcame it. Not 
giving herself credit, however, for the patience she had ac- 
quired, she has often with a womanly tear in her eye, regret- 
ted to the author that she was so easily excited and in the 
excitement so precipitate. She begged her children to be on 
their guard against such an enemy to our peace, quoting, "he 
that is slow to anger is better than the mighty; and he that 
ruleth his spirit than he that taketh a citj'." 

In our intercourse with society, she urged that it was our 
duty to curb any tendency to hastiness of temper, for as a 
gentleman cannot take an affront, she said, he should be very 
cautious how he gives one; we should persevere in all that is 
right, and allow no weak desire of pleasing to tempt us from 



2(57 

the paths of virtue. In this way she proved herself the sin- 
■cerest of friends and the wisest of counsellors, and prepared 
her sons for "The court, the camp, the field, the grove." 

Such in general terms was this model matron, this "moth- 
er in Israel" who deserves more than this brief notice, espec- 
ially from her children whom she loved so well. This simple 
outline ot her character and career, it is hoped, may not be 
considered unworthy of perusal. Gentle, affectionate and 
lenient, she was beloved by all who knew her. Happy in 
herself, she diffused happiness not only through the immedi- 
ate circle which she, like a star illumined, but warming with 
a brilliance as effective as beautiful, all within her range. 

Her understanding was good as her heart, and few hu- 
man beings ever lived blest with a more cheerful disposition, 
a more generous spirit or a tenderer soul. 



268 



TO THE MEMORY OF 
MRS, ANNE MONTGOMERY PEYTON. 

OF "MONTGOMERY HALL," AUGUSTA COUNTY, YA. 



True daughter of Yirgiiiia's soil, 

Scion of a noble race, 
Thy virtues, tho' by bards unsung, 

Hold in fond hea'-fs a place, 
Which time with its dark sullen tide 

Can ne'er dim or efface. 

Reared in a "sweet sequestered vale," 
Where flowers the fairest grew. 

And blossoms on their native hills. 
In beauty's varying hue; 

Mere crystal streams down Mountain's side- 
Bright sprays of silver threw. 

And thou, so like those blushing flowers. 

Whose buds the Sun's soft ray 
Had kissed, until new beauties burst 

With ever}' dawning day. 
And thy young heart free as those streams 

Whose waters idly play. 

Endowed with learning's richest gift, 

A bright peculiar star, 
Thou mov'dst in social widening range. 

With not a shade to mar 
Or dim the lustre soft and bright 

That blazed and shone afar. 



209 



The mystic spell of nature's charms 

Thy being closely bound, 
And in each changing, passing scene, 

Thou some new pleasure found. 
And j'outhful hopes, and youthful dreams, 

By fortune's smile was crowned. 

And when removed to other spheres. 

The love that warmed thy breast 
Shed "round its rays with power that soothed 

Sad, aching hearts to rest, 
For of all gifts to fellow-man 

Sweet SN'mpathy's the best. 

Then children gamboled 'round thy knee, 

In chidhoods glad delight. 
Thy watching eye marked well the road 

Which led them to the right; 
The straight and narrow way which leads 

Up to the heavenly height. 

True daughter of Virginia's soil. 

Mother of an honored race. 
Thy memory in thy children's hearts, 

Still holds its loyal place. 
And years in their mad sweep and rush, 

Will ne'er dim or efface. 

Wreii\s "Echoes from the hcnrt," p. 214. 



270 



APPENDICES. 



A. 
THE DESCENDANTS OF JOHN H. AND ANN M. 

PEYTON. 



1. Susan Madison Peyton, born 1822, m. Col. John B. Bald- 

win, no issue. 

2. John Lewis Peyton, born 1824, m. Henrietta E.C., daugh- 

ter of Col. John C. Washington, of North Carolina, and 
niece ofGov.Wm. A. Graham, Hon. James H. Bryan, etc., 
and have issue, one son, Lawrence Washington Howe 
Peyton, born 1872, a distinguished graduate Y. M. I., 
having taken the 2d Jackson-Hope medal and the degree 
of C. E. In i894-'95, Capt. Lawrence W. H. Peyton, after a 
la»v course at the University of Virginia, is Assistant 
Professor of Mathematics in the Virginia Military Insti- 
tute, Lexington. 

3. Anne Montgomery Peyton died unmarried. 

4. Mary Preston, m. R. A. Gray and has issue: i. Robert: 

2. Susan Peyton, m. to Rockingham Paul, brother of 
Hon. John Paul, United States District Judge for West- 
ern Virginia, and have one son, John Gray Paul; 3. Isa- 
bella, m. Dr. Salmon Welsh, of Annappolis, Md., one 
daughter; 4. Howe Peyton Gray, m. Bessie Massie and has 
issue, tw^o children: i. Sally Waterman; 2. a son; 5. Preston 
L. Gray, who m. Mary S. Bingham, of North Carolina, and 
has issue, one daughter. Mrs. Gray and all of her chil- 
dren, except Mrs. Welch, are residents of Bristol, Tenn. 



271 

^.Iiw04 Garnet Peyton, m. Judge John N. Hendren, of Au- 
gusta, and they had a large family, but only one living; 

1. Anne Peyton, m. Wm. Patrick, of Staunton, and at 
her death left an only daughter, Anne Hendren Patrick; 

2. Samuel R. Hendren, a distinguished graduate of 
Washington and L,ee University, and in i894-'95 a student 
of Johns Hopkins University, Baltimore. 

6. Margaret I^ynn Peyton, m. George M. Cochran, of Staun- 

ton, and they have living issue: i. Susan Baldwin; 2. 
Anne Peyton; 3. John; 4. Margaret I^ynn; 5. Peyton 
Cochran. 

7. Elizabeth Trent Peyton, m. Hon. Wm. B. Telfair, of 

Ohio, and at her death left three children: i. Wm. B. 
Telfair, Jr. Susan Peyton Telfaii m. James Dougherty, 
and they have two sons. 

8. Yelverton Howe Peyton, who died unmarried in Texas. 

9. Virginia Frances, who m. Col. Joseph F. Kent, of Wjthe, 

and have issue: i. Joseph F.; 2. Susan Peyton; 3. Mary 
Preston. 

10. Cornelia Bernard, m.: i. Dr, Thos. Brown, and they had 
issue : J. B. Brown and Pej-ton Brown. After Dr. B.'s 
death, she married Wm. H. Greene, and they have issue, 
two sons, Peyton W. and Newport Barnett. 



B. 
MRS. vSUSAN M. BALDWIN. 

Susan, the eldest daughter of this marriage is so remark- 
able for the vigor of her intellect, her literary tastes and ac- 
quiremenis, for her unselfish generosity of heart, her noble 
charities and lovely christian character, that we insert with 



much pleasure from the Spectator of 1891, the following 
tribute. 

A VENERABLE AND RESPECTED LADY. 

Mr. Wm. p. Johnson, now (1891) in the his 58th year, 
recently read to the Supeperintendent, teachers and .scholars 
of the Staunton Baptist church, an interesting account of his 
connection with Staunton Sunday Schools. In his narrative 
he says, "I can remember the old school-room in the base- 
ment of the old (Episcopal) church, which stood where the 
new (present) church stands, and the first teacher who taught 
me, I will give the name of, and it will be the onlj- 
teacher whose name I shall mention. It was then Miss Susan 
M. Peyton, who was after several years teaching, married 
and became the beloved wifeof one of Augusta's most brilliant 
and gifted lawyers, the Hon. John B. Baldwin. I shall never, 
no never forget the kind Christian teachings of that grand and 
noble Christian lady. It was in this school, through her 
teachings, that I first learned of that dear Saviour, who came 
into the world to suffer and die that I might live:" 

The publication of the above affords us the pleasing op- 
portunity to sa\' that Mrs. John B. Baldwin still survives in 
our midst near seventy years of age, but so impaired in health 
by a severe illness some years since, that she rareh' leaves her 
house, ann then only in a carriage. She is an object of uni- 
versal love and respect: all venerate her for her piety, accom- 
plishments and charities. None know her but to "love her, 
nor name her but to praise." A woman of gifted intellect, 
under the eye of her good amiable mother, she enjoyed every 
advantage which precept and example couid afford, and no 
daughter was ever more sensible of the obligations which she 
owed to maternal care. 

To a liberal and munificent spirit she joins charity, phi- 



lanthrop}' and beneficence and an uncommon share of dignity 
■and firmness of spirit, for while she converses with the lowl}', 
even with her servants as her humble friends, no one knows 
better how, in the highest society, to support their due con- 
sequence an.d state. She is a great reader and full of general 
information and can discourse on easy and equal terms alike 
with scholars, statesmen or divines. Few indeed excel her in 
wit and judgment. At Montgomery Hall, the charming home 
of her eminent father, Hon. John H. Peyton, she -met nearly- 
all of the distinguished men and women of Virginia, of his 
day, and has since mingled much in the society of Richmond, 
Washington and New York, making the acquaintance of the 
Websters, Clays, Fillmores, Tylers, Tuckers, Randolphs, Lees, 
Davises, and in fact all the leading public men of the country 
before and after i<S6i. Such were her personal charms and 
the vivacity of her conversation and manners that she was 
the life and ornament of every circle graced by her presence. 
The late Jucge H. St. George Tucker, father of Hon. J. Ran- 
dolph Tucker, who was, like Blackstone, a poet as well as a 
jurist, wrote some beautiful lines addressed to her on her en- 
trance into Richmond Societj^ in 1839, which we hope some 
of these days to give in our columns. — Staunton Spectator, 
March 11th, 1891. 



C 
CONTENTS OF A PIGEON HOLE. 

We cannot resist the temptation of preserving here the 
contents of a pigeon hole in our desk. 



1'74 

A LIST OF PEYTONS IN THE REVOLUTIONARY ARMY. 

1. Peyton, Dade, cornet 4th Continental Dragoons, 1779,. 

lieutenant June 2, 1779, served to 1783. 

2. " Henry, major, and killed at Charleston May 12, 

1780. 

3. " John, ist Lieutenant 2nd Virginia Regiment, 

1776, wounded at the battle of Brandywine 1778. 

4. " Robert, of Virginia; 2nd Lieutenant 3d Va. 

Regiment, 1777, killed at Brandywine Sept. 11, 

1777- 

5. " Valentine, Captain 1777, killed at Charleston, 

vS. C. May 12, 1780. 

6. " William, of Kentucky. 

7. " John Rowze, 1776 to 1783, the"heroboy of '76." 

8. " Robert, of Tennessee, killed by the Indians. 

9. " Yelverton, of Virginia. 

10. " Captain John, 1776, Clothier General 1779, 

Quartermaster General 1782, of Fluvana Co. 

11. " Harrison, Captain 1776, of Albemarle Co. 

12. " Colonel Henry, Co., Lieutenant of Prince Wil- 

liam 1755, Member Legislature 1761, Sheriff 
1779 (see Sharp, life of Washington, vol. 2nd, 
p. 73.) F'rom whom descends Col. John P>. Bald- 
win, and Mrs. A. H. H. Stuart. 

13. •' Major Henry, of Lee's Legion, died in the ser- 

ivce. 

14. " Timothy Killed by the Indians in Ky., 1786-7. 

15. " Colonel Francis, of Loudoun, Colonel '1776, 

Member of Va., Convention of 1776. Member 
of Legislature 1780, of the Senate 1789 to 1803. 

16. " Francis, M. D., Surgeon in Lee's Legion. 

Washington said he and his brother were two of 



the best officers in the army, (see Sharp, Wash- 
ington, vol. II, p. 273.) 
i-. Peyton, Velverton, of Stafford, Va., born during the 
Revolution and ensign in U. S. A., ist Infantry 

1794- 

\'alentine, M. I)., Surgeon in Rev'y. army, bro- 
ther-in-law of Col. \Vm. Washington, of S. C. 

19. " Ivphraini, of Tenn., served 1774 vs. the Indians, 

from him Balie Peyton springs, also Cheif Jus- 
E. G. Peyton, of Mississippi. 

2('. Capt. Valentine ,^rdComp., ,^rd\'a., Reg't 177S.. 

from him springs Col. Charles L. Peyton, of 
(/reenbrier Co.. W. \'a. 

2i. " John jr., of Frederick Co., from him springs 

Capt. Wm. h. Clark, Peyton Randolph., late of 
the R. & D. Railroad, John S. Peyton U. S. A.. 
and H. J. Peyton, the old Clerk of the Staimton 
Chancery Court. 

22. " George, ensign to Rev. Army 1776, ancestor >>( 

Col. George L. Peyton, of Glendale, Augusta Co. 

23. " (leorge of Ky., Continental line 1776- 



LIST OF PEVTOXS IX THE U. S. ARMY. 

Pe\-ton, Velverton, of \'irginia, ensign in sub-legion, Aug. 
ist, 1794; lieutenant 1799; resigned June, 1800. 
Ciarnett, of Virginia: captain in Xth Infantry, 1799. 
Francis H.. of Virginia, surge'ju in 7th Infantry, 
1799. 

Robert, of \'irginia: captain in 2nd Infantr'w [Si:>; 
died 181 ^. 



270 

5- Peyton, James R., of Virginia; captain in ist Infantry, 1813; 
died 1 8 14. 

6. " John S., of \'irginia; captain in 2nd Infantry, 

1813; resigned 18 16. 

7. " Bernard, of Virginia; captain 18 13; resigned 1816; 

Adjutant General of Virginia and ex-officio Presi- 
dent of the Board of Visitors of the Virginia Mili- 
tary Institute 1839- '40. 

8. " Richard H., of \'irginia; a distinguished graduate 

of West Point, standing among first in his class; 
lieutenant of artillerj' 1831; captain 1838; served 
in the Seminole War, Florida, and died Novem- 
ber iith, 1839, while on duty at Tampa, in 
Florida, and P. M, of that place. He was one of 
the 12 persons who bought the land and laid out 
the city of Chattanooga, Tenn., forseeingits future 
importance. 

9. " Balie, of Tennessee; member of Congress in 

1833; United States District Attorney lor Louis- 
iana 1837; in 1 84 1 appointed Secretary of War by 
President Harrison, but declined to accept it under 
President Tyler; colonel of 5th Louisiana Regi- 
ment in the Mexican War; aid to Gen. W. J. 
Worth and mentioned for gallantry in the battle 
of Monterey; voted a sword of honor by Louis- 
iana, said sword is now a trophy of the Civil War 
and in the capitol of Minnesota. He was envo}' ext. 
and minister plenipotentiary to Chili from 1849 to 
1853; presidential elector on Bell and Everett 
ticket in i860; member of the Senate of TenneS'- 
see i865-'i869. The town of Peytonville, Tenn.» 
named in his honor. Recommended bv Thurlow 



277 

Weed to President Lincoln for Sec. of War in iS6o 
(see 5th vol. of C. I.. Webster's history ot Ameri- 
can Literature. ) 

EARLY LAND GRANTS TO THE PEYTONS. 

Peyton, Henry, Book 4, p. 255, 400 acres in Westmoreland 
Co., Va., Nov. ist, 1657. 

Valentine, Book 4, p. 426, 1600 acres in Westmore- 
land Co., July 20th, 1662. 

" Major Robt., Book 7, p. Si, 1000 acres in New Kent 
Co.. April 23, 1 68 1. 

Robert, of Gloucester, Book 7, p. 233, 150 acres in 
Kensington parish, Gloucester Co.. Va., Feb. 20th, 
1682. 

" Thomas, Book 17, p. 524, 100 acres in Gloucester 
Co.. June i6th. 1738. (See Benning, vol. 3, p. 566, 
and Land Registry office"). 



ANECDOTE OF GEN. PEYTON OF KENTUCKY 



It was customary, thirty years ago, for the ladies to at- 
tend political pic-nics, or "barbacues" as they are called "out 
west." This was particularly the case in the exciting con- 
test between General Leslie Coombs and John C. Brecken- 
ridge for a seat in Congress in 1840. Out ot this 
affair grew the authentic story of the beautiful widow- 
called the "gem of the prairies." Not far from the Elkhorn 
river lived the pretty little widow: Mrs. Fauntleroy, whose 
nearest neighbor was Major-General John Peyton. The gaU 
lant general looked upon the widow very much as he did upon 
his thorough -bred horse, Powhatan. She wa^ the finest wo- 



27S 

man and Powhatan the finest liorse in the "Blue grass" dis- 
trict. Mrs. F. had mourned the loss of her husband more 
than twelve months; while the General — who was punctilious 
as to etiquette — waited patienth' for the time to elapse in or- 
der to propose. The widow kept, with a woman's art. her 
lover at bay. He with her attended a pic-nic and on their 
return he declared his confidence in the success of the Whigs. 
The widow was equalh' confident of the success of the Dem- 
ocrats and offered to wager her palfrey "Gipsy" against Pow- 
hatan — the General accepted the wager and said, "it should 
be Powhatan or anything else she preferred on his estace." 
They had now reached the river (Elkhorni and were about to 
ford it, when they were overtaken by the General's only son 
and heir John Peyton, an athletic and spirited young Ken- 
tuckian of 24 years. The party struck into the water. The 
east bank was steep and slippery, and as the horses were 
clambering up, the girth of Mrs. F.'s saddle broke, and the 
lady and saddle fell back into the stream, while the unincum- 
l^ered horse mounted the bank with the swiftness of an arrow. 
In an instant John Peyton leaped from his horse into the 
stream and seizing the floatiag lady bore his lovely ])urden to 
the shore. The frightened lady recovering her self-possession 
requested the General to secure her horse, which was making 
off rapidly. The General disappeared and soon returned with 
the animal, finding hi.'^ son and the widow in fine spirits and 
very merry over the adventure. She was soon mounted again 
and proceeded home with the General, while John struck 
across the meadows for his father's mansion. On reaching 
the Fauntleroy seat, General Peyton was easily persuaded to 
remain to dinner, after which the widow entertained him with 
some of her sweetest music. When he bid her adieu that 
night, his ponderous frame thrilling with the electrical touch 



271> 

i)f her hand, he inwardly felt that she was the most perfect 
woman and sweetest songstress in all Kentucky. 

That night in his dreams the little widow was so often 
repeated that he resolved to propose on the next meeting. 
Business called him to Louisville the next daj' and detailed 
him until after the election which resulted in the defeat of the 
Whigs and in the election of Breckenridge. General Pe_vton 
was both astonished and indignant. 

"Mr. Clay's district has disgraced itself," was almost his 
first remark to his neighbor. Colonel Beaufort. 

To his son John, he communicated his intention of bring- 
ing Mrs. F. to adorn his establishment. 

"Sir, she is" said he, "the finest woman in Kentucky- — 
the pride of the "blue grass" district. I hope you will, not- 
withstanding her youth, treat her with deference and respect, 
and yield her the love she has a right to expect from my son!" 

John, with a quiet but knowing smile, assured the Gen- 
eral of his determination to accord affectionate respect to 
whomever he might choose for a wife. The old soldier was 
delighted and ordered Powhatan to be led to Mrs. Fauntle- 
roy's. "Sir," said he to his son, "the Whig party has dis- 
graced itself and Mr. Clay's district, and I must part with 
my favorite horse Powhatan, who has no equal in the Com- 
monwealth, I have just ordered him to be delivered to Mrs. 
F. and am about to call, will you accompany me?" The son 
consented, and when they arrived they found Mrs. F. and two 
lad}' friends admiring the splendid animal. 

"Madam," said the General, addressing the pretty wid- 
ow, "I have come to pay the wager I have lost — Powhatan 
is yours." 

"But General," interposed the lady, "I believe the wager 



I'SO 

was conditional. It was the horse or anything else I might 
prefer on your estate, was it not?"' 

"Right you are madam," said the General, but I can 
never allow j'ou to select an inferior animal, and I have none 
that approaches Powhatan." 

"You have a ver)' superior biped on your estate, Gener- 
al," replied the blushing widow, "your son, John, whom I 
have already promised to accept instead of Powhatan." 

The astonished General, defeated for the first time, sum- 
moned his fortitude, and after recovering from the stunning 
effect of the widow's speech, rose and in his blandest manner 
bade the party adieu. To his son he said — "Sir, you will re- 
main and do your duty." 

The General never entirely forgave his daughter-in-law 
her practical joke. In after years he used to saj^ "Lilley is 
the finest woman in Kentucky, but she always lacked taste." 

COL. HENRY PEYTON— A HERO OF 1776. 



INTERESTING LETTER FROM JEFFERSON TO C. PEYTON, OF 
ALBEMARLE. 

We publish below an interesting letter written by the 
illustrious Jefferson, author of the Declaration of Indepen- 
dence, to his connection, the late Craven Peyton, Esq., of 
Monteagle, Albemarle county, Va. Craven Peyton was one 
of the first gentlemen of his day in Virginia, but his tastes, 
were social and literary rather than political, and he passed a 
l^ng and useful life i:i the quiet of his plantation, loved and 
admired by all who enjoyed the privilege of his friendship 
and partook of the elegant hospitalities of his old \'irginia 
home — one of the stately mansions and most extensive landed 



281 

estates in Virginia. He married Miss Lewis, a niece of the 
President, and left among other issue a son, Charles L. Pey- 
ton, of Greenbrier, now surviving at an advanced age, and a 
daughter who married an esteemed townsman, William C. 
Eskridge, Esq., the father of William Peyton Eskridge, of 
this city. Craven Peyton was a nephew of the Revolutiona- 
ry patriot, Colonel Henry Peyton, whose third and last son, 
old enough for military duty, was killed by a cannon ball from 
the British fleet during the siege of Charleston, S. C, He 
fell into the arms of the late Eieut., afterwards Gen. Porter- 
field, of Augusta, who immediately communicated the sad 
intelligence of his death to his father. Col. Peyton, when he 
heard of it, was struck dumb with grief, but in a moment re- 
covering his equilibrium and self-control, exclaimed. " Would 
to God I had another to put in his place.'' Such was the 
stuff of our Revolutionary heroes. Col. Henry Peyton was 
the father of Miss Fanny Peyton, wife of Chancellor Brown, 
and great-grandfather of the late distinguished and still la- 
mented Col. John B. Baldwin and Mrs. Alexander H. H. 
Stuart:''' 

Monticello, August 12, 1821. 
Dear Sir — Instead of answering your letter 3-esterday, I 
desired the bearer to tell you I should see you at Monteagle 
to-day, being anxious, also, to see my sister before I set out 
for Bedford, whom you mention to be still unwell. I accord- 
ingly mounted my horse just now to visit you, but found him 
so lame I was obliged to turn back. With respect to the fod- 



*From this branch of the Peytons are also descended Mrs. J. M. 
Ranson, of Jefferson county, W. Va., Captain William L. Clark, of 
Winchester, Va., Mrs. R. T. W. Duke, of Albemarle, the late Judge J. 
E. Brown, of Wythe, Mrs. Hunter McGuire, of Richmond, Mrs. Rol>- 
ert Gibson, of Cincinnati, and many others of worth and distinction 
in Virginia, the South and West.— R. A. B. in Richmond Standard. 



tier I had, on Mr. Bacon's suggestion, searched for and found 
the account of it, which he had given me at the time and I 
had forgotten; that, therefore, is right and there can be no 
difficulty between us. I have not yet learned from Mr. Kstor 
Randolph when he will be able to make me payment. The 
moment he does I will transmit to you. I have not yet urged 
him, because I know he is a most anxious man always to pay 
a debt and that he will soon inform me. With respect to — , 
if he ever becomes a sober man, there will be no difficulty of 
reconciliation on Anne's account, but as long as he is subject 
to drink, his society is dangerous and we shall reject it. 

I shall be glad to know the e.xact state of m>- sister's 
health: and pray, if she needs it, that Dr. Watkins may be re- 
quested to attend to her, and to place it on my account. I 
shall not stay more than a week in Bedford. 

Affectionately 3'ours, 
Craven Peyton, Esq. Th. Jkffer.sox. 

OLD LETTER OF COL. JOHN L. PEYTON. 

TO HIS UNCLE, MAJ. T. PRESTOX LEWIS. 



Shirley, near Staunton, Feb'y 28th, 1S5S. 
Dear Uncle: 

I was much gratified to get your letter, brief as it was. 
a few days since, and was surprised to hear that you had been 
so long and so seriously indisposed. I hope b}' this time you 
have entirely recovered, and if not, I must renew my sugges- 
tion and invitation to you again. My suggestion that you 
ought to leave Washington for a time, and my invitation that 
you should pass that time in the fresh air and quiet comfort.'^ 
of my house at Shirley. By coming and staying a month or 
two with me you might be permanenth' improved in healtii. 



2S:3 

and it would not, as you seem to apprehend, increase your ex- 
penses, or cut oif your salary in Washington. Gov. Floyd, 
under the circumstances of the case would not hesitate to 
grant 3'ou a furlough. The pleasure I would enjoy from your 
society would be very great, and my wife asks me to assure 
you that nothing would give her more pleasure than to have 
you come. 

The weather here is charming, and spring-like, which is 
something unusual at this season, but is what we expected 
after the vile "spell" we have had for the past five weeks. 

Staunton has been quite up 'in the books this winter be- 
tween lectures, concerts, auctions, exhibitions and other past- 
times and amusements. 

Among the eminent strangers we have had lecture here, 
was George D. Prentice, of the "Louisville Journal." I did 
not hear his lecture, but dined with him one day while here 
at Judge J. H. McCue's, and confess I was not much impress- 
ed which is still further evidence of the soundness of the 
opinion I formed when travelling west in 1848, namely: The 
farther I went west the more convinced I was that the wise 
men came from the Hast. 

Few persons left here for Richmond on the 22nd. and 
those who did were so worried by the great crowd that they 
saw little, and enjoyed what they saw, less. 

Everets* oration surpas.sed any anticipations I had form- 
ed of it, while Hunter's fell far below the public expectation. 
What can compen.sate a man for falling below the public es- 
timate on such an occasion! It almost drives a man to be- 
lieve every effort a mockery — and that he is apt to reap by 
his efforts not fame, but despair. 

Crawford's statue of Washington is said to be the finest 
-"•'Edward I-^verett's Oration on Washintfton. 



•284 

specimen of the kind extant, by the side of which that hob- 
by-horse concern, Mill's Statue of President Jackson, in Wash- 
ington is a miserable failure. The "horse" of Crawford is 
agreed to be above praise, while that of "Mills," in front of 
the President's house is said to be a ewe-necked tacky, a 
mealy-mouthed, wall-eyed brute, who looks as if old Jackson,, 
in the language of a Tennessee poet: 

"Had placed on him a bridle and a saddle. 

Then on his back had leapt astraddle." 

and had been ever since fastened there by iron rods, which: 
are said to run up thehorses' hind legs, keeping him on an 
equipoise, and forever facing the White House. 

Among those who were attracted to Richmond was Howe, 
but what, (if any) impressions were made on his mind, is not 
known, as he has since observed a severe silence. 

I was not surprised to learn of the rage for fashion and 
extravagance in Washington. It is always so with the pav- 
venues, whether in Washington or on 5th Avenue. The "new- 
rich" have no other way of bringing themselves into notice 
and contempt. They constitute a beastly crew, who change 
their principles much oftener than their linen. I cordialh^ 
participate in your feelings of disgust for such a gang. 

Betty joins me in affectionate .salutations. Hoping to 

hear from you soon, I am dear Uncle, as ever. 

Your affectionate nephew, 

Thos. P. I^ewis, Esq., | John Lewi.s Peyton. 

War Department, 
Washington, D. C. J 



2sr> 



LETTER OF COE. JOHN LEWIS PEYTON. 



A DISPUTED POEM — PROOF THAT THE EARL OF DERBY^j^DID 
NOT WRITE THE POEM TO GENERAL LEE. 

Staunton, Va., December 3, 1877. 
2'o the Baltimore Gazette: 

In your paper of the 30th of November you introduce 
the following lines, with the remark, ''On the By-leaf of the 
copy of the Iliad given by the late Earl of Derby to Gen- 
eral Robert E' Lee were the following verses:" 

The grave old bard, who never dies, 

Receive him in our native tongue; 
I send thee, but with weeping eyes. 

The story that he sung. 

Thy Troy has fallen — th}- dear land 

Is marred beneath the spoiler's heel; 
I cannot trust my trembling hand 

To write the grief I feel. 

Oh, home of tears! But let her bear 

This blazon to the end of time; 
No nation rose so white and fair. 

None fell so pure of crime. 

The widow's moan, the orphan's wail, 
Are round thee; but in truth be strong; 

Eternal right, though all things fail, 
Can never be made wrong. 

An angel's heart, an angel's mouth, 

[Xot Ilowei'^a) could alone for me 
Hymn forth the great Confederate South; , 

Virginia first — then Lee. 



I'SC) 

Permit me to say that you are in error in attributing 
these lines to the late Earl of Derby. Lord Derby was an 
eminent statesman, as well as distinguished scholar, and dur- 
ing the whole period of the civil war in our country was the 
leader of the opposition, or Tory party in the British Parlia- 
ment. Never during this time did he criticise adversely the 
policy of Lord Palmerston in refusing recognition to the 
Confederate government. So far from it, he distinctly and 
repeatedly announced his concurrence in the course of the 
British cabinet. Had he been at the head of her majesty's 
g'overnmeut at that period I am satisfied that he would have 
adhered strictly to the policy of Palmerston and Glad- 
stone in this particular. This was his firm position, though 
urged to use his influence to .secure Confederate recognition 
by many influential gentlemen of the Tory party, among 
them Sir Seymour Fitzgerald, the present governor of Bom- 
bay; Mr. Beresford Hope, M. P.; Mr. Gregory, M. P. for 
Cxalway, and others not so well known in this country. 

Such was Lord Derby's anxiety to relieve the distress 
arising from the cotton famine in Lancashire, lest it might 
lead to popular agitation in favor of a recognition of the 
Southern States, that he made a single single subscription to 
the relief fund of ^,"5,000. Not only in this case, but in 
many others throughout the war, he showed himself any- 
thing else than what was styled in those days in England "a 
friend and sympathizer with the South." 

It is not at all likely, then, that his lordship would, 
whatever his admiration of the character and military genius 
of General Lee, have addressed him the foregoing lines, nor 
is it true. The lines were written by a young and gifted En- 
glish poet, now no more, Philip Stcinhopc Worselv. Mr.W. 
was a scholar of Corpus Christi College, Oxford, and died 



about ten years since. He gave the world in 1861 a transla- 
tion of the Odyssey in the Gregorian stan/.a — one of the most 
pleasing hitherto produced — and in 1.865 published a transla- 
tion of the Iliad in the Spenserian stan/.a. A cop\- of this 
latter work he sent to General Lee, with a little poem of pre- 
sentation written on the fly-leaf. It was seen by the Gener- 
al's friends, who requested a transcript of the verses for pub- 
lication, but he would never permit them to be printed, his 
native modesty shrinking from the warm i)aneg>rie they em- 
bodied. Now that both poet and soldier have passed away 
there is no good reason why they should be withheld from the 
public eye, and I must express my gratification at seeingthem 
in The Gazette. At the same time it is due to the memories 
of both that the error into which you luwe unconsciously fal- 
len should be corrected, and this is the sole motive with which 
I have addressed you this brief and hasty note. 

J. Ijcwrs Pkvtox. 



•JUS 



INDEX 



Abandons the JuckHon party 11 

Alexander, Dr "):; 

Alexander, John l:j() 

Acct)unt or his visit to Kentucky 51 

African colonization fa\H)rs 71> 

Ablest criminal lawyer in Virginia s4 

Academy, the Staunton 10 

Adams. John (Juincy 11 

Dr :{7 

Appendices A ■JIH 

Anecdote of the Fight>iing Major i".) 

of Gen. Peyton of Kentucky 2W 

" f)f J. H. P. in a criminal case ."• 

Alien, .ludge J. .1 1:5, 11(5, ISs. VA-2 

Augusta. Agi-icultural Society 1{» 

''Allen" nominates Mr. P. for Court of Apj)eals lis 

A bundle of miscellaneous letters 1:;] 

Amherst Festival, J. H. P's letter 12:!-.*. 

Anderson. Col. \Vm., a letter of !':!(> 

Advice of J. H. I', to S. M. 1' V6-J 

A hero of 1770— Col. Hy Peytor) i'nO 

Advice to Col. J. I.. P V.)U 

Appeals, Court of. adopts J. H. P"s letter to Tucker 11<; 

.\ deplorable accident to J. H. P 1l>.'> 

.Vccident to Judge B. G. Baldwin lOl 

A captain of light horse 7 

.\ttorney for the Comnum wealth resigns 1")S 

A complete lawyer ]•>(» 

Allison's History of p]ui-ftpe. .Mi-. I', on IM) 

Always lielped the y(»ung 17'.» 



I'MJ 

A master spirit Isl 

Barbour, Judge P. P "•» 

Baldwin, J. B 17, 40, 14<», l'2(; 

Susan M., sketch of 271 

B. G. on J. U. P 05, 76, 101, 138 

Buniftardner, Capt. James" speech 204, 210 

jB o w 3' e r , n i o 7 ' 

Henry 126 

Baxter, John 40 

Sidney S 208 

Barton, R. R V-W 

Bickle, Adam 20 

Berrian, John M. (Senator) 70 

Brokenborough, Dr. Jolin -57, lo4 

Brickley •■>7 

Brock, R. A., letter of 2:ts 

Bradshaw 4n 

Bro wn , Cha ncellor John 4.") 

Brecken ridge, Gen. Jas 02 

Benton, Th. H 104 

Bosses, The Ring, Mr. P. on 76 

iiurrell, Nat 126 

Boys, Dr. William 4.") 

Books a boy should read 4.") 

<Jabell, J. C 100 

•Cabell, \Vm. H -. 116 

Cablel, Mayo, accident to 144 

Cadets, tlie Va., at West Point 14:> 

Campbell, Hugh 14:) 

Campaign of 1S40 lis 

Clay, Henry visits Staunton 113 

Charlottesville, J. H. I'., speech 114 

Cameron. Col 4S 

Carter, Hill 116 

Carter, Robt. W * 160 

Conrad, R. Y 13 

■Comfort . Professor. .>■> 



L'tK) 

Chalkley, Judy,x' I... letter of ■ :.'(»:; 

(.'o wan , Joseph 40. s J 

Cru tell field . Mr 24( i 

Cowan, A. M. I) 14 

( -lark, Sa nine) : n2 

Crawford. 15 no. llil 

'Clark, A. B., of X. V ' 1()7 

Cocliran, John, his home '.t7 

Geo. M -JM. V.n 

C<j UL-h , Debora h 1 44 

Captain of Lijiht-lioi-.se 7 

Chief of Staff ^. J7 

County Conrt, on J. H. P'.s. resignation l.")!i 

Daniel, Judge Win ■^'^ 

Peter V •. U7 

Dabney. John los 

Dade, Judge A. (J Ill 

Declines a I'nd tei-m in Sennte Il'7 

Dortnan. Geo. C. I' ^'■'^> 

Dined and \vi ned U7 

Deseendants of Mr, ;uid Mvs. A. .M. Peyton '.Tli 

Dunean. Judge K. S ill' 

Divers, Mr '■):> 

Diliiculties, how ti) oveiroiue '■'() 

Di.sease leads to his ehnnge of home ■-':'. 

Dem oc ratic jiy r ty 11 

Davidson, J;is. I) 'MK ::?!:\ 

Dupuy, Mrs. 1.. letter of i'-"!!! 

Derby, Earl of Usr^-si; 

Empress. Catherine, of Pnssia •".<; 

Educati"on. his views on In, II 

Esk ridg-e, George S- 

I'^lder, Maj. T. '" speech accepting .1. II. P"s ])ortrait I'Ki 

I'A'hols, General letter of i':')(i 

Ei-ench, Judge S. P>., letter of i'-'l."> 

Fighting Major !"•> 

Federal A ttorney decl i nes :ii' 



2!n 

Fultz, David -,;) 

< Jreeii. T. M 2()S 

<i(j.ss, Joliu •J4-2 

Family, every one a liistoi-y ss 

Frazier, Wm., sketcii of J. H. I' .loii, i(;s 

Farrag'ut. Adniirjil 10.*) 

Fry. Judge 107 

Faull^tier, Chas. J ICO 

(Jarland, Mayor James 1S4 

Gallagher, M 51 

<jraston. Judge Wm 70 

( Jallagiier, Miss !F8 

(ireen. Mary, of Kentuckey Ds 

(iirl. defenceless, J. H. P. defends lU* 

Gallahei", J. S. on .1. H. Vs retirement I2S 

(irifiith, Dr V2(i 

Gatewood , E 1 4r« 

Green, John R l.ji' 

•' T. M 20S 

Getty, George W l.'c' 

Goss. J ohn iI4l' 

Hay, George U 

Hayne, K, C :>:! 

Harrison. Wm. H .•'►() 

Randolph IHJ 

Hart. Nat -VI 

Holiday, Lewis "JU 

Harvie, Wm • -u 

Huston. Gen -"i-i 

Halcoml)e. Wm. H 14!) 

Hend ren , I oh n .X 1 •">- 

Hubbard, J. R 1 W 

Harrison, Judge Geo. M -is 

Hanger. Hon. .Marshall iM!i 

Invests money in public work M 

Ingersoll. 1. R.. M. •' 1 

Jolinston. Frederick l-'! 



)(»•» 



21) 

Johnson, Col. K. M -i- 

Jay, John - •»-' ^^ 

Jackson, Pres., refuses to follow him S7, 4:> 

Jackson, party dines him in Richmond !J7 

J udgeship declines, voted for <»S, 70 

Jefferson, T., letters 109 

Kent, Mrs. Jos. F., why so named 1:^>S> 

Knowledge leads to happiness 142 

Lanfthorn, M !-<► 

Languages, ancient and modern, imi)rovements of 14ti 

Lee, Gen. G. VV . C -'4«^ 

Lawyer, the fiddling ">•> 

" ablest in Va Si 

Leigh, B. W !>, i>T 

Letters, old :>:^. ^K 44. 4S, ss, m 

of J. H. P. on I'ud term in Senate 121 

miscellaneous 1-jl 

declines a 2nd Senatorial term 127 

from Rockbridge committee 12!> 

•' of advice to S. M. P. and J. L. P 1:^2, i:5i> 

• on Earl of Derby 284 

Littlepage, Lewis • 'i'> 

Lewis, Charles H • • • • ^o'-^ 

•' Gen. S. H i»" 

•' Col. Wm. L ^i». <•(> 

James .\ 1 ^"^ 

Major Jolin -^- 

•• Thos. Preston 10- 

John lienjamin, cadet ">1 

•• J. F., letter of -oT 

'• Mrs. Mary P., letter of 242 

'• (^ol. John --»- 

•' Mrs. Mary Preston, letter of 24(> 

Lockridge, .\lex ><) 

Legislature dines, J. H. 1' -'T 

Loyal, Mr., of Norfolk 10.-> 

Log cabins of the U'est 102 



Lines to tlie memory of Mrs. Peyton I'OS 

List of Pej'tous In U. S. A 275 

Massie, Capt 14, 36, 39, 45 

Mosby, Charles 1 14i) 

Minor, Prof. J. P.., letter of 234, 236 

Manners, Ld. John 78 

McCue, John 82,130 

McCue, John H., sketch of J. H. P., 23,17(5 

Military Schools 25 

Mayor of Staunton, J. H. P., 17,31 

Matthews, Sampson 48 

Murray, Mrs. Jas. B 54 

McDowell, Gov. Jas., i>N 

McDowell, Dr. James W., 154-5 

Massie, Henry i>{) 

Meade, Bishop, 105 

McEIhany, Parson, 107 

Mind, J. H. P. unimpared, 17 

McClintic, AVm 41 

Michie, Thomas J., on Peyton, 121, 100, 131, 119, 208, 215, 231 

Mathematics, should be studied 141 

Moncure, Mrs. Wm., 133 

Moncure, Judge R. C. L., ..'. 78, 208 

Moore, Samuel McD., 68, 102 

Madison, President James 11 

" Wm. Strother 7 

" Bishop 7 

Monroe, James ^ 11 

Nicholas, Norborne 37 

Norfolk, visits 105 

Nelson, Dr. andMrs 107 

Nominated for Senate 83 

National Whig Convention 11^5 

North mountain road case 119 

Oliver, M., 126 

Originality, Mr. P's 65 

Old letter of J. L, P., 280 



■2'M 

Patton, J. M., i:!4 

Payne, Dr V2r> 

Porterfield, Gen. 11.,. l> 

Pleasants, John H 9«. 128 

Potter, Ben 4(; 

Points, James 144 

Parnsh,R. L :i4(l 

Peyton, Val.,Capt., killed 2s 

Valentine ^>'2 

Henry 1 

List of Peytons in the Kevolntionary army 274 

Susan. M i»l. 1:52 

Mrs. S. M., her death :!4 

John 1 

Jesse E., letter of 24i> 

" John Rowze 2 

Rowze. letter of l.'>7 

" John Lewis ;.... '.>o, 148 

•' letter of 150. l.">4 

to l:!l> 

" '• " speech 21(5 

r. 8. agent in Europe 188 

" letter of ". 282. 284, 2S:> 

Mrs., sketch of 240 

VVn). Madison 7, 126, :>'., 5'} 

letter of I.-m 

Gen., of Kentucky, anecdote 276 

John Howe 7. 0, 15, IC, 08. ,51, ,55, 67, 88, 71, 8:5 127 

death of 157,160 

sketches of 160,168,176,192,108 

" his portrait presented to Aug,u.sta Co.... 201 

Robert L. Y 14s 

Townsend Dade 148 

Col. Francis 14s 

Mrs.John H 241 

Craven, letter to 2S0 

Preston. Wm 14 



21 (."i 

Preston, Col. Win. of Kentucky "< 

J. M 4:. 

John, letter of --'41 

Thos. L 1:k; 

John T. L., sketch of J. H. P K50 

Political sentiments of J. H. P S") 

Providence of God '.tl 

Pickpockets rob J. H. P i:?r» 

Pocahontas visits 47 

Public meeting to receive J. H. P's portrait 204 

Pigeon-hole a, contents of 27:5 

Poem , on Lee 2n."» 

Ranson, Capt. T. D 204 

Rives, Wni. C 1:5 

" Alexander, letter of 2o."! 

Roane, S. Judge 37, oS 

Ritires from l)ar, J. H. P s-! 

Robertson, Judge John 144 

Robinson, Anthony 10.") 

Religious topics 50 

belief. J. H. P's (m 

Rush. Richard, Minister to England 70 

Radicals oppf)se him 74 

Roanoke, visits 12(i 

Rockbridge Committee to J. H. P., 128 

Ruff, John 130 

Ritchie, Thomas, jr., I2s 

Robbed by pickpockets l'5.j 

Reading, a course of recommended by J. H. 1* 140 

Rielej', Judge, (i. W. letter of 237 

Ruffner, Rev. W. H. (I). D. ) letter of 23s 

Senate course in 12 

Smade, Rev. G. G.. letter of ". 2oS 

8cott, R. E 13, 32 

" R. Taylor 240 

Gen. Winfiehl '4 

Stuart, Lewis 03 



2m 

8tuart,A. H. H '2'.n,V2^ 

Charles A S2 

Judge A : 47, 10!», 110, VX> 

Staunton Spectator, editorial of 22'^ 

Post, (newspaper) editorial 21l> 

Sketch of J. H. P., by Prof. J. T. L. Preston KU) 

>Striblins', Dr. F. T V.'A 

Speech, on the death of Roane J. H. P's :]?, :> 

Staunton is.sues paper money ol 

Senex, anecdote by 132 

Sherrard, Jos. H., letter of 2'Ai 

Spencer, Mrs. T. K '.>n 

Sheffey. Dan'l 5», -':J 

H. W. Judge. . . .' 120, 201> 

" J. H. P. eloquence of ... . 209, -231 

Stout, J udge Jno. W., letter of 201 

Stannard, Judge Robt 11*» 

Smith, J. W 144 

" Kev. J. H.. letter of 220 

" Gen. F. H 14o 

Sergeant, Judge Jno "o 

Speece, Dr. Conrad S-'i 

Shelby, Governor of Kentucky •>2 

Stony Hill, ~" 

Sketch of J. H. P 1»>0 

IGs 

170 

Tazewell, L.N. , •' 

Tucker. H. St. (Jeorge Judge 0, 133, 116. lNi» 

John Randolph, lettei- of 217 

Travelfng in 1820 30, 51 

Thompson, L. P., (T) 

Hon. G. W. sketch of J. H. P ION 

Taylor, Wm., M. C 9S 

Tayloe, George B 120 

Trials, how to meet them, J. H P. on 90 

Toast by J. H. P.. 125 



297 

Telfair. Mrs., 38, 133 

Tapseott, Susan 152 

Tains, Wui. Purviance 204 

Thomas, r. B.. letter of 231) 

Van Bui-en, Martin, J. H. P. on 11-") 

Valentine, Ed., 10(>, 135 

Virginia Female Institute 10 

Volunteers in tlie war of 1812, J. H. P 28 

Wirt, Wni. Hon 0, 32,227 

Washington College Trusteeof J. H. P 10 

West Point, letter from 142, 51 

Wilson, Kev. .1 . 134 

Wined and dined 97 

Whig- address, 160 

Wren, M. B.. lines in meniorj' of Mrs. Peyton 2(58 

u oodville, J. L 34, 138, 153 

Waddell, Dr. A 188 

Waddell, L .54, 130, 1.50 

Waddell, .Jos. A., .Sketch of .1 , H. P 187 

Western Hospital 11 

Western ti-ijj in 181.") 32 

Watts, Gen. i: 126 

Webster, Daniel 23, 183, 228 

War of 1S12 27 

Witcher, V 13 

Young, D. S., Sketch of J. H. P 102 

Young people encouraged by .7. H. P 170 

Yost's Weekly, (newspapei-,) editorial of. 22<» 



